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august 2004

Supreme Court of India · 2004-08-13

Balvant N. Viswamitra And Ors vs Yadav Sadashiv Mule (D) Through Lrs. And ...

Citation / case number
AIR 2004 SUPREME COURT 4377
Court
Supreme Court of India
Petitioner
Balvant N. Viswamitra And Ors
Respondent
Yadav Sadashiv Mule (D) Through Lrs. And ...
Bench
G.P. Mathur, C.K. Thakker

Judgment text excerpt

The Supreme Court held that the execution of a decree can be deemed void ab initio if proper notice is not served to the parties involved, as per Article 227 of the Constitution. The Court emphasized the necessity of ensuring that all legal heirs are properly notified before proceeding with eviction actions. In this case, the High Court's decision to declare the decree void was upheld, reinforcing the principle that due process must be followed in tenancy disputes.

Balvant N. Viswamitra And Ors vs Yadav Sadashiv Mule (D) Through Lrs. And ... · Niyam