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Shafiqur Rehman Khan and anr. Vs. Mohammad Jahan Begum and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 1649 of 1980
Judge
Reported in(1982)2SCC456
AppellantShafiqur Rehman Khan and anr.
RespondentMohammad Jahan Begum and ors.
Excerpt:
- [ y.v. chandrachud, c. j.,; v.d. tulzapurkar and; e.s. venkataramiah, jj.] - civil procedure code, 1908 — order 21 rule 35 — if decree-holder satisfactorily establishes identity of the property for which the decree was passed, the decree must be executed and decree-holder put in possession of the property - if the identity of the property is established, but not otherwise, the decree will be executed and the decree- holders will be put in possession of the property in accordance with law......help of ex. 3 and such other evidence which the parties may adduce, whether the decree-holders have established satisfactorily the identity of the property in regard to which they have obtained the decree under execution. if the identity of the property is established, but not otherwise, the decree will be executed and the decree- holders will be put in possession of the property in accordance with law. it will, of course, be open to the judgment-debtors to show that the decree is incapable of execution for the reason that the property cannot be properly identified.”3. there will be no order as to costs.4. the appeal shall stand disposed of in terms of this order.
Judgment:

Y.V. Chandrachud, C. J.,; V.D. Tulzapurkar and; E.S. Venkataramiah, JJ.

1. Heard counsel. Special leave granted.

2. We set aside the judgment of the High Court dated June 30, 1980 and restore that of the learned 1st Additional District Judge, Lucknow dated April 19, 1979, with the following modification:

“The executing court will determine, with the help of Ex. 3 and such other evidence which the parties may adduce, whether the decree-holders have established satisfactorily the identity of the property in regard to which they have obtained the decree under execution. If the identity of the property is established, but not otherwise, the decree will be executed and the decree- holders will be put in possession of the property in accordance with law. It will, of course, be open to the judgment-debtors to show that the decree is incapable of execution for the reason that the property cannot be properly identified.”

3. There will be no order as to costs.

4. The appeal shall stand disposed of in terms of this Order.


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