Judgment briefs
Supreme Court of India

Periyammal (Dead) Through LRs & Ors. v. V. Rajamani & Anr. Etc.

Code of Civil Procedure, 1908 – s.47; Or. XXI, rr.97, 101

Allowed
Court
Supreme Court of India
Decided
5 Mar 2025
Citation
[2025] 3 S.C.R. 540
Case no.
CIVIL APPEAL No. 3640/2025
Bench
J.b. Pardiwala, Pankaj Mithal

Issue for consideration

Whether the courts below committed any error in upholding the objections raised by the respondent nos. 1 and 2 herein against execution of the decree on the claim of being in possession of the suit property in their capacity as cultivating tenants; Whether and 2 are entitled to the protection of the Tamil Nadu Cultivating Tenants’ Protection Act, 1955 and could the Executing Court have decided the question of validity of the decree on this ground.

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