2004 (8) TMI 689 - SC - Indian Laws

Whether the decree passed by the trial court can be said to be null and void ? Whether the decree sought to be executed against the petitioners - respondents herein - as void ab initio?

Issues Involved:

1. Validity of the decree passed by the trial court.
2. Proper service of notice to heirs and legal representatives.
3. Jurisdiction of the court and whether the decree was null and void.
4. Non-joinder of necessary parties.
5. Execution of the decree and removal of obstructions by third parties.

Issue-wise Detailed Analysis:

1. Validity of the Decree Passed by the Trial Court:

The Supreme Court examined whether the decree passed by the trial court was valid. The trial court had decreed in favor of the plaintiffs for possession of the suit premises against the heirs and legal representatives of deceased Papamiya. The decree was based on the fact that the defendants were in arrears of rent for more than six months, which went unchallenged as the defendants were absent during the proceedings. The Supreme Court concluded that the trial court's decree was valid and not null and void, as it was passed by a competent court with jurisdiction over the subject matter.

2. Proper Service of Notice to Heirs and Legal Representatives:

The appellants had made several attempts to serve notice to the heirs and legal representatives of deceased Papamiya. Notices were sent by registered post and under certificate of posting, and a notice was affixed on the suit premises. Despite these efforts, the heirs could not be served directly. The Supreme Court held that the appellants had made all reasonable attempts to serve the notice, and the presumption of service was valid under the circumstances.

3. Jurisdiction of the Court and Whether the Decree was Null and Void:

The Supreme Court addressed the distinction between a decree that is void and one that is merely incorrect or irregular. A decree is void if the court lacks inherent jurisdiction, making it non est and void ab initio. However, the trial court in this case had jurisdiction over the subject matter and the parties. The Supreme Court cited precedents, including Kiran Singh v. Chaman Paswan and Vasudev Dhanjibhai Modi v. Rajabhai Abdul Rehman, emphasizing that a decree passed by a court with jurisdiction is not null and void, even if it is erroneous or irregular.

4. Non-joinder of Necessary Parties:

The respondents contended that they were not made party defendants in the suit and hence the decree could not be executed against them. The Supreme Court clarified the distinction between "necessary parties" and "proper parties." The respondents, being sub-tenants of Papamiya, were not necessary parties to the suit. The court held that non-joinder of the respondents did not render the decree null and void, as the respondents were not essential for the effective adjudication of the case.

5. Execution of the Decree and Removal of Obstructions by Third Parties:

The appellants faced obstructions from third parties (respondents) during the execution of the decree. The executing court had allowed the appellants to recover possession and ordered the obstructionists to pay costs. The respondents' appeal against this order was dismissed by the appellate bench of the Small Causes Court, Bombay. The Supreme Court upheld the executing court's decision, stating that the respondents, who were not parties to the original suit, could not challenge the decree's legality and validity. The court emphasized that the decree was binding and executable against the respondents, who were claiming through Papamiya.

Conclusion:

The Supreme Court allowed the appeal, set aside the High Court's judgment, and restored the decree passed by the trial court. The court concluded that the decree was valid, the appellants had made reasonable attempts to serve notice, the trial court had jurisdiction, the respondents were not necessary parties, and the decree was executable against the respondents. The interim stay was vacated, and no order as to costs was made.

← Previous Next →