Asma Lateef & Anr. Vs Shabbir Ahmad & Ors. (Supreme Court of India)
The Supreme Court dismissed the appeal challenging the Allahabad High Court judgment which had held that a decree passed under Rule 10 of Order VIII of the Code of Civil Procedure, 1908 (“CPC”) was inexecutable. The dispute arose from objections filed by purchasers of the suit property under Section 47 CPC, contending that the decree sought to be executed was a nullity and incapable of execution.
The appellants claimed that their great-grandmother had orally gifted them the suit property in 1988 and that they had remained in peaceful possession thereafter. They filed a suit seeking permanent injunction against certain defendants, including one Samiullah and his father Kazmi, restraining interference with their possession. During the pendency of the suit, the Trial Court granted an interim order directing the defendants to maintain status quo and not interfere with the appellants’ possession.
Kazmi filed a written statement contesting the suit and raised objections regarding maintainability, including that the civil court lacked jurisdiction because the property was governed by the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. He also contended that the suit was barred under Section 41(h) of the Specific Relief Act. Samiullah, however, did not file any written statement.
