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august 2023

Supreme Court of India · 2023-08-24

VED KUMARI (DEAD THR. HER LR) DR. VIJAY AGGARWAL vs MUNICIPAL CORPORATION OF DELHI THROUGH ITS COMMISSIONER

Citation / case number
SC 2017/3390
Court
Supreme Court of India
Petitioner
VED KUMARI (DEAD THR. HER LR) DR. VIJAY AGGARWAL
Respondent
MUNICIPAL CORPORATION OF DELHI THROUGH ITS COMMISSIONER
Author
HON'BLE MR. JUSTICE A.S. BOPANNA
Bench
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA HON'BLE MR. JUSTICE A.S. BOPANNA

Judgment text excerpt

The Supreme Court examined whether a decree for possession of immovable property, which was not renewed after the lease expiry, could be executed against the defendant. The High Court had affirmed the order of the Executing Court, holding that the decree was not executable. The Court analyzed the lease agreement, notice to vacate, and the legal principles governing the execution of decrees in lease disputes, ultimately upholding the non-executability of the decree. The judgment clarified the legal position regarding the enforceability of decrees in lease termination cases.

VED KUMARI (DEAD THR. HER LR) DR. VIJAY AGGARWAL vs MUNICIPAL CORPORATION OF DELHI THROUGH ITS COMMISSIONER · Niyam