KRISHNA PRASAD AND OTHERS versus GAURI KUMAR DEVL

KRISHNA PRASAD AND OTHERS versus GAURI KUMAR DEVL

Where the entire mortgaged property vests in the State under the Bihar Land Reforms Act, 1950, section 4(d) precludes the executing court from enforcing a personal decree against other properties of the mortgagor until the claim has been satisfied or exhausted from compensation payable under the Act, which is treated as substituted security for the mortgage debt.

Parties
Appellant: Krishna Prasad and Others; Respondent: Gauri Kumari Devi
Jurisdiction
India
Judgment Date
05 March 1962
Procedural Posture
Civil Appeal / Appeal From Judgment and Decree of Patna High Court in Civil Revision No. 590 of 1955
Outcome
Appeal dismissed
Legal Topics
Execution of Decree, Mortgage, Vesting of Estate, Bihar Land Reforms Act, 1950, Personal Decree, Compensation for Acquisition
Property Law Civil Procedure Execution of Decree Mortgage Vesting of Estate Bihar Land Reforms Act, 1950 Personal Decree Compensation for Acquisition

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Parties

Krishna Prasad and Others

Appellant

Gauri Kumari Devi

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Decree of Patna High Court in Civil Revision No. 590 of 1955

Legal Issues

  1. 1 Whether execution can proceed against properties other than the mortgaged estate after vesting in the State under section 4(d) of the Bihar Land Reforms Act, 1950.
  2. 2 Whether the mortgagee can enforce a personal decree against the mortgagor's other assets before exhausting the remedy of compensation under the Act.

Ratio Decidendi

Where the entire mortgaged property vests in the State under the Bihar Land Reforms Act, 1950, section 4(d) precludes the executing court from enforcing a personal decree against other properties of the mortgagor until the claim has been satisfied or exhausted from compensation payable under the Act, which is treated as substituted security for the mortgage debt.

Court Disposition

Appeal dismissed

Orders

  • Decree of the High Court affirmed
  • Execution application for personal decree dismissed