SHEW BUX MOHATA AND OTHERS versus BENGAL BREWERIES LTD. AND OTHERS

SHEW BUX MOHATA AND OTHERS versus BENGAL BREWERIES LTD. AND OTHERS

Where the decree-holder has accepted delivery of possession—symbolic or otherwise—and acknowledged it with a receipt, and the execution court has recorded satisfaction and dismissed the execution case on part satisfaction, no further execution can lie for the same relief. The decree cannot be reopened for further execution against the same respondent for the same subject matter after the court and parties have recorded its execution in full.

Parties
Appellant: Ishew Bux Mohata and Others; Respondent: Bengal Breweries Ltd. and Others; Respondent: Mool Chand Sethia; Respondent: Tola Ram Sethia; Respondent: Hulas Chand Bothra
Jurisdiction
India
Judgment Date
15 September 1960
Procedural Posture
Civil Appeal / Supreme Court Appeal From Calcutta High Court Decision in Execution Proceedings
Outcome
Appeal dismissed
Legal Topics
Execution of Decree, Symbolic Delivery of Possession, Order 21 Rule 35 CPC, Section 146 CPC, Addition of Parties, Res Judicata in Execution, Mortgagee Rights in Execution
Civil Procedure Execution of Decree Symbolic Delivery of Possession Order 21 Rule 35 CPC Section 146 CPC Addition of Parties Res Judicata in Execution Mortgagee Rights in Execution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Ishew Bux Mohata and Others

Appellant

Bengal Breweries Ltd. and Others

Respondent

Mool Chand Sethia

Respondent

Tola Ram Sethia

Respondent

Hulas Chand Bothra

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Calcutta High Court Decision in Execution Proceedings

Legal Issues

  1. 1 Whether decree-holders can initiate further execution proceedings for delivery of possession after having accepted delivery and obtained receipt in prior execution?
  2. 2 Whether a purchaser from the respondent under a conveyance made before the appeal can be brought on record as party to the appeal?

Ratio Decidendi

Where the decree-holder has accepted delivery of possession—symbolic or otherwise—and acknowledged it with a receipt, and the execution court has recorded satisfaction and dismissed the execution case on part satisfaction, no further execution can lie for the same relief. The decree cannot be reopened for further execution against the same respondent for the same subject matter after the court and parties have recorded its execution in full.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; no further execution lies; no order as to costs.