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Badal Devi vs. Sheela Devi & Ors.

Execution First Appeal · 2026:DHC:7868Decided 15 Sept 2026New Delhi Bench
EX.F.A. 7/2024CNR: DLHC010612872023
Justice Harish Vaidyanathan Shankar

Background

Badal Devi, claiming to have purchased a 25-square-yard portion of a larger decreed property in 2014, objected to being dispossessed in execution of a decree obtained by Sheela Devi and others. The executing court dismissed her objections, reasoning that since the original judgment-debtor's wife had received court summons at the property in 2017, Badal Devi could not really have been in possession since 2014.

Decision Breakdown

The High Court found that the executing court had misread Badal Devi's case: she never claimed to own the entire decreed property (measuring 60 square yards), only a 25-square-yard portion within it. The fact that summons were later served on someone else at the larger property did not, by itself, disprove her separate, smaller claim. The Court set aside the rejection and sent the matter back to the executing court to reconsider her objections properly, without expressing any opinion on who actually owns the disputed portion.

Lesson Learnt

When a court is examining a possession claim over part of a property, it must engage with the actual, specific claim made, not a broader, different claim it may have assumed the claimant was making.

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