TMI Blog1994 (10) TMI 297X X X X Extracts X X X X X X X X Extracts X X X X ..... id of ₹ 4250 (Rupees Four thousand two hundred and fifty only) at sale by public auction held in pursuance of the powers conferred upon me under Section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954) on 14-4-1967 of the property described in the Schedule and his bid having been accepted and the value thereof having been paid by him in cash/by adjustment of compensation due on his and his associate(s) claim(s) has been declared the purchaser of the said property in shares as mentioned below with effect from 14-6-1968. Given under my hand and seal of my office this day of September 26, 1968. Schedule Shares Property Khasra Sakni No. 13 Full Village Kalu Sarai, New Delhi. bounded as under: East :Mosque Gali West :House of Shri Rehmatullah North: Khasra Sakni No. 14 South: Gali Sd/- Signature Designation: Managing Officer/Asst Custodian, New Delhi. Shri K.L. Anand, S/o Shri Parshotam Dass Anand Shop No. 176, Vinay Nagar, New Delhi. Copies to: 1. Sub-R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffice this day 24-10- 1969. Sd/- M.L. Vij Managing Officer/Asstt. Custodian TO, Shri K.L. Anand, son of Shri Parshotam Dass Shop No. 176, Vinay Nagar, New Delhi. Copy to: Sub-Registrar, Asaf Ali Road, New Delhi. (Managing Officer) No. RSCD/MO(AUC)/PN/Kh.No. 14/Kalu Sarai/ D/5180 Govt. of India, Ministry of Labour, Employment and Rehabilitation, Office of Regional Settlement Commissioner (MW), Jamnagar House, New Delhi. Corrigendum 25-10-1969 Subject:Regarding Khasra Sakni No. 14, Village Kalu Sarai, New Delhi. In the certificate of sale executed on 26-9-1968 in favour of Shri K.L. Anand son of Shri Parshotam Das in respect of Khasra Sakni No. 14, Village Kalu Sarai, New Delhi, the boundaries may be read as under: East House of Shri Wazu West Mosque and Gali North Agricultural land South Khasra Sakni No. 13 Given under my hand and seal of my office this day of October 24, 1969. Sd/- M.L. Vij Managing Officer TO, Shri K.L. Anand, Shop No. 176, Vinay Nagar, New Delhi. COPY to: Sub-Registrar, Asaf Ali Road, New Delhi. (Managing Officer) 3. Thus, the properties bearing Khasra Sakni Nos. 13 and 14 were conf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ayed as respondent and that, therefore, he cannot make the objections. Hence this appeal. 6.The question, therefore, is whether the executing court and the High Court had properly appreciated the scheme under Order 21, Rule 97 and declined to entertain and adjudicate the claim of the appellant? 7. Order 21, Rules 97, 98, 100, 101, 103 and 104 provide thus: 97. Resistance or obstruction to possession of immovable property.- (1) Where the holder of a decree for the possession of immovable property or the purchaser of any such property sold in execution of a decree is resisted or obstructed by any person in obtaining possession of the property, he may make an application to the court complaining of such resistance or obstruction. (2)Where any application is made under sub-rule (1), the court shall proceed to adjudicate upon the application in accordance with the provisions herein contained. 98. Orders after adjudication.- (1) Upon the determination of the questions referred to in Rule 101, the court shall, in accordance with such determination and subject to the provisions of sub-rule (2);- (a) make an order allowing the application and directing that the applicant be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such suit the party against whom tile order under Rule 101 or Rule 103 is made has sought to establish a right which he claims to the present possession of the property. 8.Thus, the scheme of the Code clearly adumbrates that when an application has been made under Order 21, Rule 97, the court is enjoined to adjudicate upon the right, title and interest claimed in the property arising between the parties to a proceeding or between the decree-holder and the person claiming independent right, title or Interest in the immovable property and an order in that behalf be made. The determination shall be conclusive between the parties as if it was a decree subject to right of appeal and not a matter to be agitated by a separate suit. In other words, no other proceedings were allowed to be taken. It has to be remembered that preceding Civil Procedure Code Amendment Act, 1976, right of suit under Order 21, Rule 103 of 1908 Code was available which has been now taken away. By necessary implication, the legislature relegated the parties to an adjudication of right, title or interest in the immovable property under execution and finality has been accorded to it. Thus, the scheme of the Code ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es not bind him. In the writ proceedings, though Nanu was impleaded as 5th respondent, no relief was claimed against him nor a finding adverse to him has been recorded. Thereby, there is no adverse finding recorded either in the suit or in the writ proceedings against the appellant or his father. Under these circumstances, when the appellant has been claiming right, title and interest in Khasra No. 179 from which he is now sought to be dispossessed in execution of the decree by the respondent in respect of Khasra Sakni Nos. 13 and 14, the executing court necessarily has to go into the question whether the property in Khasra No. 179 is part of Khasra Sakni Nos. 13 and 14 and if so, whether the respondent while executing the decree trenched upon his property and sought to dispossess him. The appellant's possession, pending adjudication, needs to be protected by interim orders. Unfortunately, the courts below had not adverted to these crucial aspects of the matter. When the appellant claimed independent right, title and interest and resisted the execution, the decree-holder or the appellant should make an application under Rule 97(1) and the court, in that event, is enjoined to ad ..... X X X X Extracts X X X X X X X X Extracts X X X X
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