Supreme Court of India · 1996-01-17
PADANATHIL RUAMINI AMMA vs P.K. ABDULLA
- Citation / case number
- SC 1995/64185
- Court
- Supreme Court of India
- Petitioner
- PADANATHIL RUAMINI AMMA
- Respondent
- P.K. ABDULLA
- Author
- Sujata V. Manohar
- Bench
- MANOHAR SUJATA V.
Judgment text excerpt
The Supreme Court addressed the restitution of property following the setting aside of an ex parte decree under Order IX, Rule 13 of the Civil Procedure Code. The Court held that once the ex parte decree was annulled, the original owner, represented by the Tarwad, was entitled to restitution of the property, which had been wrongfully possessed by the decree-holder. The Court affirmed the lower courts' decisions that confirmed the proper re-delivery of the property to the Tarwad, thereby dismissing the appeal of P.K. Abdulla who claimed continued possession.