Supreme Court of India · 2003-02-06
SARWAN KUMAR GUPTA vs MADAN LAL AGGRAWAL
- Citation / case number
- SC 2001/17402
- Court
- Supreme Court of India
- Petitioner
- SARWAN KUMAR GUPTA
- Respondent
- MADAN LAL AGGRAWAL
- Author
- ASHOK BHAN SYED SHAH MOHAMMED QUADRI
- Bench
- ASHOK BHAN SYED SHAH MOHAMMED QUADRI
Judgment text excerpt
The Supreme Court addressed the issue of the executability of a decree for ejectment concerning a commercial tenancy in Delhi, specifically in light of the ruling in Gian Devi Anand Vs. Jeevan Kumar, 1985 Suppl.(1) SCR 1, which established that such tenancies are heritable. The Court held that the decree was executable despite the judgment-debtors' claims of lack of jurisdiction, affirming that the decree-holder, as the legal heir, had the right to execute the decree. The Court emphasized that the judgment-debtors could not successfully object to the execution based on the prior court's jurisdictional claims.