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february 2003

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.

SARWAN KUMAR GUPTA vs MADAN LAL AGGRAWAL · Niyam