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    <title>2003 (2) TMI 484 - Supreme Court</title>
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    <description>A decree for ejectment concerning premises governed by the Delhi Rent Control Act was held to be a nullity because the civil court lacked subject-matter jurisdiction; exclusive jurisdiction lay with the Rent Controller and a decree passed without such jurisdiction was coram non judice and non est. The Court also held that this jurisdictional defect could be raised in execution despite finality of the decree, since res judicata cannot validate a void decree. Prospective overruling was inapplicable because the later declaration of law did not create jurisdiction and judicial interpretation ordinarily operates retrospectively. The eviction decree was therefore unenforceable.</description>
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    <pubDate>Thu, 06 Feb 2003 00:00:00 +0530</pubDate>
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      <title>2003 (2) TMI 484 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=172518</link>
      <description>A decree for ejectment concerning premises governed by the Delhi Rent Control Act was held to be a nullity because the civil court lacked subject-matter jurisdiction; exclusive jurisdiction lay with the Rent Controller and a decree passed without such jurisdiction was coram non judice and non est. The Court also held that this jurisdictional defect could be raised in execution despite finality of the decree, since res judicata cannot validate a void decree. Prospective overruling was inapplicable because the later declaration of law did not create jurisdiction and judicial interpretation ordinarily operates retrospectively. The eviction decree was therefore unenforceable.</description>
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      <pubDate>Thu, 06 Feb 2003 00:00:00 +0530</pubDate>
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