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.