BHAVSINGH (DEAD) BY LRS. versus KESHAR SINGH AND ORS.

BHAVSINGH (DEAD) BY LRS. versus KESHAR SINGH AND ORS.

As the Act of 1977 and Debt Relief Act operate in different fields and grant different reliefs, res judicata does not bar proceedings under the Act of 1977 based on prior proceedings under the Debt Relief Act. The sale deed executed for loan amount with an oral understanding falls within prohibited transaction of loan and is void under the Act of 1977.

Parties
Appellant: Bhav Singh (dead) by LRs.; Respondent: Keshar Singh; Respondent: Narendra Kumar; Respondent: Respondents No. 3-4
Jurisdiction
India
Judgment Date
10 September 2003
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeals allowed
Legal Topics
Res Judicata, Prohibited Transaction of Loan, Land Transfer, Debt Relief
Civil Procedure Property Law Res Judicata Prohibited Transaction of Loan Land Transfer Debt Relief

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Parties

Bhav Singh (dead) by LRs.

Appellant

Keshar Singh

Respondent

Narendra Kumar

Respondent

Respondents No. 3-4

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether proceedings under the Act of 1977 are barred by res judicata due to previous proceedings under the Debt Relief Act
  2. 2 Whether sale deed constituted a prohibited transaction of loan under the Act of 1977

Ratio Decidendi

As the Act of 1977 and Debt Relief Act operate in different fields and grant different reliefs, res judicata does not bar proceedings under the Act of 1977 based on prior proceedings under the Debt Relief Act. The sale deed executed for loan amount with an oral understanding falls within prohibited transaction of loan and is void under the Act of 1977.

Court Disposition

Appeals allowed

Orders

  • Judgment and orders of High Court are set aside and quashed
  • Judgment and order of SDO is restored