BRAHMDEO CHAUDHARY vs RISHIKESH PRASAD JAISWAL

The Supreme Court held that a stranger occupying decretal premises can seek adjudication of his resistance to execution under Order XXI Rule 99 CPC without first surrendering possession. The Court clarified that the High Court's requirement for dispossession before adjudication was incorrect, establishing that a party can contest their right to possession in execution proceedings. The appeal was allowed, and the order of the High Court was set aside, enabling the appellant to present his objections.