9911796707
TMI Blog2023 (4) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... emises were taken away from the possession of the Decree holders (Respondents Nos.1 to 4). The dispossession of the Respondents was confirmed vide final decree passed by the Civil Court in Suit No.30 A/87 when rights in favor of third person, namely, Mr. Malik Ram, were finally determined. Hence in our considered view, the cause of action would arise only on 31.03.1994. The prerequisite for enforceability of clause 6 is the dispossession of the defendants, de facto or de jure. The limitation period would commence only with the decree becoming enforceable and thus is capable of being executed. In the instant case, the relevant date from which the period of limitation will begin only with effect from 31.03.1994. The period of twelve years ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f a decree i.e., Article 136 of the Act. The said Article is specific as it prescribes and deals with the applications for the execution of decrees and orders. It provides that the execution proceedings have to be initiated within 12 years from the date when the decree or order becomes enforceable or where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, when default in making the payment or delivery in respect of which execution is sought, takes place. 4. This Court, in Deep Chand v. Mohan Lal (2000) 6 SCC 259, Paragraph 5 (2 judges), while dealing with the interpretation of Article 136 of the Act made pertinent observations to the eff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellate court, the Bench stated thus: 8. When is a decree becoming enforceable? Normally a decree or order becomes enforceable from its date. But cases are not unknown when the decree becomes enforceable on some future date or on the happening of certain specified events. The expression enforceable has been used to cover such decrees or orders also which become enforceable subsequently. (Emphasis Supplied) 7. Before adverting to the facts of the case, it is significant to reproduce clause 6 of compromise decree dt 26.04.1960 in Civil First Appeal No. 11/1959 : That after institution of this suit and during the pendency of the case in the District Judge Court, the appellant started proceedings to surrender cert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the premises were taken away from the possession of the Decree holders (Respondents Nos.1 to 4). The dispossession of the Respondents was confirmed vide final decree passed by the Civil Court in Suit No.30 A/87 when rights in favor of third person, namely, Mr. Malik Ram, were finally determined. Hence in our considered view, the cause of action would arise only on 31.03.1994. The prerequisite for enforceability of clause 6 is the dispossession of the defendants, de facto or de jure. 10. Looking at it through a different lens, it appears that clause 6 of the compromise decree could not have been executed unless the Decree Holders were to lose their right of possession, which fact was not a possibility unless such rights stood conclusive ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
