Harpal Singh vs Sukhdeo Prasad - 1966 Supreme(All) 288

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1966 Supreme(All) 288

S. N. KATJU
Harpal Singh – Appellant
Versus
Sukhdeo Prasad – Respondent

Advocates appeared:
V. K. S. Chaudhary, Advocate, for the Appellants; R. B. Misra, Advocate, For the Respondents

JUDGMENT

S.N. Katju, J. - This is a decree-holder's appeal which is directed against the decree of the learned Addl. Civil Judge Hamirpur by which, affirming the decree of the trial court, he allowed the objection of the judgment-debtor-respondents against the execution of the decree. The respondents had executed a mortgage of their zamindari properties in favour of the appellants. They obtained a final decree on 19-9-12 against the respondents for Rs. 3424-8-0. It was transferred to the Collector for execution and a self-liquidating mortgage was executed on 15-9-44 for 16 years in favour of the appellants. It was alleged by them that they had realised Rs. 1,843-7-0 from the mortgaged land when the Zamindari Abolition and Land Reforms Act came into force and the said land was vested in the State. Thereafter the appellants proceeded to execute the decree for the balance; of the decretal amount. That led to the objection of the respondents that there was a complete adjustment of the decree after the grant of the self-liquidating mortgage and the appellants could not take any further steps for the execution of the decree.

2. The trial court allowed the objection on the ground that the

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