Execution resistance by third-party tenants must be adjudicated in execution itself under Order 21, Rule 97 and Rule 101.

A third party in possession of immovable property, asserting an independent tenancy right and not being bound by the decree, may resist execution and have the objection adjudicated in the execution proceedings themselves. The Supreme Court held that Order 21 Rule 97 CPC, read with Rule 101, covers not only the judgment-debtor but also strangers and other persons claiming an independent interest, and requires the executing court to decide all questions of right, title and interest arising between the decree-holder and such person. The earlier view that adjudication was unavailable until after dispossession was held inconsistent with the amended scheme and the object of avoiding multiplicity of proceedings.

---

---

Issues: Whether a third party in possession of immovable property, claiming an independent right as a tenant and not bound by the decree, can resist execution and have its objection adjudicated under Order 21, Rule 97 of the Code of Civil Procedure.

Analysis: The statutory scheme of Order 21 distinguishes between delivery of actual possession against persons bound by the decree and delivery of symbolic possession where the occupant is a tenant or other person not bound by the decree. Rule 97, as amended, expressly uses the expression "any person" to include not only the judgment-debtor but also strangers and persons asserting an independent right in the property. The amendment further requires the executing court to adjudicate the resistance or obstruction and, read with Rule 101, to decide all questions of right, title and interest arising between the decree-holder and such person in the execution proceedings themselves. The earlier view that a stranger could not seek such adjudication until after dispossession was held to be inconsistent with the amended scheme and with the object of avoiding needless multiplicity of proceedings.

Conclusion: A third party tenant or other person claiming an independent right may resist execution and is entitled to have the objection adjudicated by the executing court under Order 21, Rule 97 read with Rule 101; the contrary view was held not to be good law, and the orders rejecting the objection were set aside.

---