1995 (5) TMI 292 - SC - Indian Laws

Validity of the executing court s power to direct demolition of shops constructed by the judgment-debtor - legality of dispossessing tenants not parties to the decree - Meaning of word ownership - HELD THAT - It is also not necessary that the tenant should be made party to the suit when the construction was made pending suit and the tenants were inducted into possession without leave of the court. It is settled law that a tenant who claims title right or interest in the property through the judgment debtor or under the colour of interest through him he is bound by the decree and that therefore the tenant need not eo nominee be . impleaded as a party defendant to the suit nor it be an impediment to remove obstruction put up by them to deliver possession to the decree. What is relevant is only a warning by the bailiff to deliver peaceful possession and if they cause obstruction the bailiff is entitled to remove the obstruction; cause the construction demolished and deliver vacant possession to the decree holder in terms of the decree. Thus considered we hold that the High Court and the executing court have not committed any error of law in directing demolition of shops and delivery of the possession to the decree holder. The S.L.P. is accordingly dismissed.

Summary

Issues:
1. Validity of the executing court's power to direct demolition of shops constructed by the judgment-debtor.
2. Legality of directing dispossessing tenants not parties to the decree.

Analysis:

Issue 1:
The petitioner, a judgment-debtor, had constructed shops on the property despite a decree declaring the respondent as the absolute owner. The executing court, under Order 21 Rule 101, is empowered to determine questions of right, title, or interest in the property during execution proceedings. The court is mandated to enforce the decree effectively, even if it lacks a mandatory injunction for demolition. The court's power includes removing obstructions or structures built without permission pending litigation. This ensures expeditious execution of possession orders to prevent delays or frustration of the decree. The executing court's authority to order demolition in such cases is crucial to uphold the decree holder's rights without resorting to separate suits, as multiplicity of proceedings is discouraged.

Issue 2:
Regarding the legality of dispossessing tenants not parties to the decree, the law establishes that tenants claiming title through the judgment debtor are bound by the decree and need not be individually impleaded in the suit. If tenants obstruct peaceful possession delivery, the bailiff is authorized to remove obstructions, including demolishing unauthorized constructions, to hand over vacant possession to the decree holder. The executing court's actions in directing the demolition of shops and delivery of possession were deemed lawful and in line with established legal principles. The High Court and the executing court did not err in their decisions, as confirmed by the Supreme Court's dismissal of the Special Leave Petition (S.L.P.).

In conclusion, the Supreme Court upheld the executing court's authority to order demolition of unauthorized constructions and delivery of possession, emphasizing the importance of expeditious execution of decrees and the enforcement of property rights without unnecessary delays or additional litigation.