https://www.taxtmi.com/caselaws?id=183432 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. en-us Mon, 13 Apr 1998 00:00:00 +0530 Thu, 09 Jun 2016 11:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=183432 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. Case-Laws Indian Laws Mon, 13 Apr 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=183432