Judgment

HEGDE, J.: This appeal against the judgment of the Patna High Court dated the 3rd February, l964 in its Appellate Order No. 99 of 1963 was filed after obtaining special leave from this Court. It arises from a proceeding under Sec. 47, Civil Procedure Code. In execution of a mortgage decree, the decree-holders sought to proceed against Bakasht lands of the judgment-debtors. The judgment-debtors objected to the same on the ground that the execution was barred under Section 4 (d) of the Bihar Land Reforms Act, 1950 (to be hereinafter referred to as the Act). . But that objection was overruled by the executing court on two different grounds namely (1) that the objection in question is barred by the principles of res judicata and (2) the bar of Section 4 (d) pleaded is not tenable. The decision of the execution court was affirmed in appeal but reversed in second appeal by the High Court.

2. The two questions that arise for decision in this appear. are (1) whether the objection as regards the executability of the decree pleaded by the judgment debtors is barred by the principles of res judicata and (2) whether the mortgage decree has become unexecutable in view of the provisions o