Supreme Court of India · 2019-10-21
Om Parkash vs Amar Singh .
- Citation / case number
- AIR 2019 SUPREME COURT 5370
- Court
- Supreme Court of India
- Petitioner
- Om Parkash
- Respondent
- Amar Singh .
- Author
- Navin Sinha
- Bench
- B.R. Gavai, Navin Sinha
Judgment text excerpt
The Supreme Court held that the delivery of possession to the decree holder using police assistance was unlawful as no prior orders were obtained from the executing court for such assistance, violating the principles of lawful execution under the Code of Civil Procedure. The Court emphasized that possession must be taken in accordance with law, and any unlawful dispossession necessitates restoration of possession to the rightful party. The High Court's order directing the judgment debtor to be restored to possession was upheld, and the execution proceedings were revived for fresh determination of entitlement to possession.