Supreme Court of India
Shamsher Singh & Anr. v. Lt. Col. Nahar Singh (d) Thr. Lrs. & Ors.
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What the Court ordered
In view of the foregoing discussions, we allow this appeal and set aside the judgment of the High Court dated 15.12.2009 and restore the order of the Executing Court dated 10.08.2004.
Judgment, page 20
From the headnote
Code of Civil Procedure, 1908: Or. XXI, r. 101 – Scope of – Pursuant to a court decree possession of the property in question given to the decree-holders, after dispossessing the respondent – Respondent filed application before Executing Court complaining of his dispossession, claiming to be in adverse possession of the property – Executing Court rejected the application, holding that the respondent-applicant failed to prove his title on the property – In First Appeal, High Court set aside the order of Executing Court and directed to put back the respondent into possession of the property…
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