AIR 2002 SUPREME COURT 804 ::2002 AIR SCW 461 ::(2002) 2 MahLR 740 ::2002 SCFBRC 245 ::(2002) WLC(SC)CVL 188 ::2002 UJ(SC) 1 460 ::(2002) 2 CivLJ 542 ::(2002) 1 All RentCas 394 ::2002 (2) SCC 656 ::(2002) 1 Scale 501 ::2003 All CJ 1 449 ::(2002) 46 All LR 758 ::(2002) 2 BLJ 464 ::(2002) 1 All WC 692 ::2002 HRR 629 ::(2002) 1 CurCC 110 ::(2002) 2 ICC 139 ::(2002) 3 Mad LW 205 ::(2002) 2 JCR 73 (SC) ::(2002) 1 RenCR 168 ::(2002) 1 Pun LR 752 ::(2002) 1 RentLR 413 ::(2002) 1 SCJ 572 ::(2002) 1 UC 513 ::(2002) 1 Supreme 413 ::(2002) 3 Andh LT 17 ::(2002) 1 JT 472 (SC)

Supreme Court Of India

(From : Rajasthan)*

Hon'ble Judge(s): R. C. Lahoti, Brijesh Kumar , JJ

Civil P.C. (5 of 1908) , O.21 R.35, O.21 R.36— Eviction decree - Execution by symbolic possession - Property leased to raise construction and sub-let shops - Landlord obtaining eviction decree only against his lessee by resisting impleadment of sub-tenants - Sub-tenants who are not rank trespassers cannot be said to be bound by eviction decree - Cannot be physically evicted - Direction to give symbolic possession proper. Where a decree is for the delivery of any immovable property, possession thereof shall be delivered to the party to whom it has been adjudged, or his agent, by removing any person bound by the decree who refuses to vacate the property. Where a decree is for the delivery of any immovable property in the occupancy of a tenant or other person entitled to occupy the same and not bound by the decree to relinquish such occupancy the Court shall order delivery of formal or symbolic possession. In the latter case, the person in actual occupation is not physically dispossessed from his possession @page-SC805 of the decretal property. Still delivery of possession in the manner contemplated by R. 36 remains delivery of formal or symbolic possession so far as the person in actual possession is concerned but as against the person bound by the decree, it amounts to actual delivery of possession. In the present ....