SHIVASHANKAR PRASAD SHAH & ORS. versus BAIKUNTH NATH SINGH & ORS.

SHIVASHANKAR PRASAD SHAH & ORS. versus BAIKUNTH NATH SINGH & ORS.

Objections to execution of the decree were not barred by res judicata as prior dismissals were for default and not on merits, and execution was barred by s. 4(d) of the Bihar Land Reforms Act, 1950, as the entire mortgaged estate vested in the State, limiting the appellants to compensation remedies under the Act.

Parties
Appellants: Shiv Ashankar Prasad Shah & Ors.; Respondents: Baikuntii Nath Singh & Ors.
Jurisdiction
India
Judgment Date
07 March 1969
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated February 3, 1964 of the Patna High Court in Appeal From Appellate Order No. 99 of 1963
Outcome
Appeal dismissed with costs.
Legal Topics
Res Judicata in Execution Proceedings, Bar of Execution Due to Statutory Vesting, Mortgage and Compensation Under Land Reforms
Civil Procedure Property Law Land Reforms Res Judicata in Execution Proceedings Bar of Execution Due to Statutory Vesting Mortgage and Compensation Under Land Reforms

Case Brief

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Parties

Shiv Ashankar Prasad Shah & Ors.

Appellants

Baikuntii Nath Singh & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated February 3, 1964 of the Patna High Court in Appeal From Appellate Order No. 99 of 1963

Legal Issues

  1. 1 Whether the objection as regards the executability of the decree pleaded by the judgment debtors is barred by principles of res judicata
  2. 2 Whether the mortgage decree became unexecutable in view of the provisions of the Bihar Land Reforms Act, 1950

Ratio Decidendi

Objections to execution of the decree were not barred by res judicata as prior dismissals were for default and not on merits, and execution was barred by s. 4(d) of the Bihar Land Reforms Act, 1950, as the entire mortgaged estate vested in the State, limiting the appellants to compensation remedies under the Act.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal fails and is dismissed with costs.