https://www.taxtmi.com/caselaws?id=472450 Order XXI Rules 97-101 require executing courts to determine all relevant disputes between decree-holders and third-party occupants, including title, interest, whether occupants are bound by the decree, and alleged fraud or collusion. A party seeking to dispossess settled occupants must establish better title. Preliminary decrees, possession orders, execution steps, bailiff reports, and final partition decrees founded on suppressed material facts, fraud, or an order already set aside are void and unenforceable against unimpleaded occupants. Pre-1948 pattadari rights may be established through revenue and historical title records, supporting restoration of possession. An appellate decision involving a disqualified judge is coram non judice, cannot create res judicata, and cannot sustain possession claims. en-us Fri, 20 Dec 2019 00:00:00 +0530 Tue, 13 Oct 2026 12:02:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=472450 Order XXI Rules 97-101 require executing courts to determine all relevant disputes between decree-holders and third-party occupants, including title, interest, whether occupants are bound by the decree, and alleged fraud or collusion. A party seeking to dispossess settled occupants must establish better title. Preliminary decrees, possession orders, execution steps, bailiff reports, and final partition decrees founded on suppressed material facts, fraud, or an order already set aside are void and unenforceable against unimpleaded occupants. Pre-1948 pattadari rights may be established through revenue and historical title records, supporting restoration of possession. An appellate decision involving a disqualified judge is coram non judice, cannot create res judicata, and cannot sustain possession claims. Case-Laws Indian Laws Fri, 20 Dec 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=472450