LAJWANTI versus LAL CHAND AND ORS.

LAJWANTI versus LAL CHAND AND ORS.

The Act does not bar the delivery of possession in execution of a decree, as it does not prohibit the court from ordering delivery of possession; previous proceedings did not culminate in a final determination against execution, hence res judicata does not operate.

Parties
Appellant: Lajwanti; Respondent: Lal Chand; Respondent: Ram Rattan Dass Jain
Jurisdiction
India
Judgment Date
22 March 1968
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Decree of the Punjab High Court in Letters Patent Appeal No. 405 of 1956
Outcome
Appeal allowed
Legal Topics
Execution of Decrees, Res Judicata, Factory Premises Possession, Statutory Bar Under East Punjab Factories (control of Dismantling) Act
Civil Procedure Tenancy/eviction Industrial Law Execution of Decrees Res Judicata Factory Premises Possession Statutory Bar Under East Punjab Factories (control of Dismantling) Act

Case Brief

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Parties

Lajwanti

Appellant

Lal Chand

Respondent

Ram Rattan Dass Jain

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Decree of the Punjab High Court in Letters Patent Appeal No. 405 of 1956

Legal Issues

  1. 1 Whether section 3 of the East Punjab Factories (Control of Dismantling) Act, 1948 bars delivery of possession in execution of a decree for eviction
  2. 2 Whether res judicata applies to a fresh execution application after earlier failed attempts at execution

Ratio Decidendi

The Act does not bar the delivery of possession in execution of a decree, as it does not prohibit the court from ordering delivery of possession; previous proceedings did not culminate in a final determination against execution, hence res judicata does not operate.

Court Disposition

Appeal allowed

Orders

  • Decree-holder is entitled to execute the decree for possession of the premises; costs throughout to appellant from August 18, 1953.