SHEW BUX MOHATA Vs. BENGAL BREWERIES LTD
LAWS(SC)-1960-9-5
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on September 15,1960

SHEW BUX MOHATA Appellant
VERSUS
BENGAL BREWERIES LIMITED Respondents


Referred Judgements :-

SAILA BALA DASSI VS. NIRMALA SUNDARI DASSI [RELIED ON]



Cited Judgements :-

SARDAR GOVINDRAO MAHADIK VS. DEVI SAHAI [LAWS(SC)-1981-12-12] [REFERRED TO]
INDUSTRIAL AND TRADE PUBLICATIONS PRIVATE LIMITED VS. AUTOMOBILE ASSOCIATION OF UPPER INDIA [LAWS(DLH)-1971-2-19] [REFERRED TO]
UMRAO SINGH VS. UNION OF INDIA [LAWS(DLH)-1974-9-13] [REFFERED (9)]
MUMTAZ JEHAN VS. INSHA ALLAH ALIAS NOOR JEHAN [LAWS(DLH)-1982-7-21] [REFERRED]
MINOTI MAZUMDAR VS. TARA CHAND [LAWS(ALL)-1998-10-20] [REFERRED TO]
LILI DUTTA VS. LOHIT PRAKASH DUTTA [LAWS(GAU)-2008-1-32] [REFERRED TO]
BIRUDAVOLU VENKATA SUBBAMMA VS. MALLAPU PADMAVATHAMMA [LAWS(APH)-2003-8-125] [REFERRED TO]
SUBODH GOPAL BASU VS. ROYAL CALCUTTA TURF CLUB [LAWS(CAL)-1974-10-14] [REFERRED TO]
BHIKOBAI KANHAIYALAL VS. DHANNALAL CHINTAMAN [LAWS(MPH)-1975-2-7] [REFERRED TO]
RAMA SUBUDHI VS. BHAGIRATHI [LAWS(ORI)-1981-9-10] [REFERRED TO]
PURUSHOTTAM LAL MANGSICURAM VS. JORO BAI [LAWS(ORI)-1984-1-17] [REFERRED TO]
SUNIRMAL DAS VS. KAMALA KANTA ROY [LAWS(CAL)-1996-9-17] [REFERRED TO]
MINATI GHOSH VS. LAKSHMI NARAYAN SARKAR [LAWS(CAL)-2003-9-60] [REFERRED TO]
G RAJENDRAN VS. P C RAMALINGAM [LAWS(MAD)-1993-10-20] [REFERRED TO]
JOY VS. NARAYANA MENON [LAWS(KER)-1999-3-47] [REFERRED TO]
VELU VS. ARIKRISHNAN [LAWS(MAD)-2003-9-123] [REFERRED TO]
VELU VS. ARIKRISHNAN [LAWS(MAD)-2003-10-153] [REFERRED TO]
TRIVENI BAI VS. SWAROOP CHAND [LAWS(RAJ)-1974-1-49] [REFERRED TO]
AJIT KAUR VS. MANDIR JHOK HARI HAR [LAWS(P&H)-1988-10-15] [REFERRED TO]
SHOBHA LAL VS. LAXMI LAL [LAWS(RAJ)-1980-7-19] [REFERRED TO]
AKKHO VS. M B AUGUSTUS [LAWS(RAJ)-1983-4-8] [REFERRED TO]
SURENDRA SINGH VS. STATE OF BIHAR [LAWS(PAT)-1990-9-7] [REFERRED TO]
JIT SINGH VS. BHAGO [LAWS(P&H)-2002-4-16] [DISTINGUSED (DISTING.) 3,4]
JALAUR SINGH VS. SHIROMANI GURDWARA PARBANDHAK COMMITTEE [LAWS(P&H)-2006-10-496] [REFERRED TO]
M.P. PRAKASH VS. M.V. SEETHARAM [LAWS(KAR)-2014-7-40] [REFERRED TO]
GUJARAT STATE FERTILIZER COMPANY LIMITED VS. SIKKA DIGVIJAYGRAM JOINT NAGAR PANCHAYAT [LAWS(GJH)-1988-12-14] [FOLLOWED]
SUBORDINATE AGRICULTURAL SERVICE ASSOCIATION UTTAR PRADESH VS. STATE OF U P [LAWS(ALL)-1997-6-13] [REFERRED TO]
NARRA MADHAVA RAO VS. B SADASIVA RAO [LAWS(APH)-2009-7-37] [REFERRED TO]
SITARAM SRIGOPAL VS. UNION CARBIDE INDIA LTD [LAWS(CAL)-1973-1-16] [REFERRED TO]
SHIB SANKAR RUDRA VS. JYOTIRMOY RUDRA [LAWS(CAL)-2003-7-46] [REFERRED TO]
VARGHESE VS. CHACKO [LAWS(KER)-1964-1-18] [REFERRED TO]
BISWANATH BANERJEE VS. DEBENDRA CHANDRA DOLUI [LAWS(CAL)-2003-11-13] [REFERRED TO]
JOY VS. NARAYANA MENON [LAWS(KER)-1999-3-14] [REFERRED TO]
SURAJ RAJAK ALIAS DHOBI VS. JAMBULAL DHOBI [LAWS(CAL)-2012-1-28] [REFERRED TO]
SANT SINGH VS. NARINDER PARKASH [LAWS(P&H)-1993-7-76] [REFERRED TO]
SURENDRA SINGH VS. STATE OF BIHAR [LAWS(PAT)-1990-9-21] [REFERRED TO]
HIMACHAL COUNTRY RESORTS LTD VS. RAM KUMAR [LAWS(HPH)-2014-7-199] [REFERRED TO]
PRAHALAD RA VS. NARASINGH MAHAPATRA AND ORS. [LAWS(ORI)-1965-4-21] [REFERRED TO]
BACHAN SINGH AND OTHERS VS. INDER SINGH AND ANOTHER [LAWS(P&H)-1979-11-47] [REFERRED TO]
GANGA RAM S/O SHRI RAM AND ORS. VS. SHIV LAL S/O CHHIRKANDA RAM [LAWS(P&H)-1963-8-18] [REFERRED TO]
KALLANAI AMBALAM VS. R.R. MUNIYANDI [LAWS(MAD)-2008-12-406] [REFERRED TO]
KHATUN AND ORS. VS. ADINATH TEXTILES AND ORS. [LAWS(RAJ)-2015-5-151] [REFERRED TO]
SARASWATHY VS. KAMALAMMA AND ORS. [LAWS(KER)-2015-1-248] [REFERRED TO]
M P KAVEESHA VS. VASANTHAMALA DATTATRI [LAWS(KAR)-2015-2-297] [REFERRED TO]
V.G.NAIDU @ GOVINDASAMY NAIDU VS. PAHLAJRAJ GANGARAM @ PAHLAJ RAI [LAWS(MAD)-2016-3-287] [REFERRED TO]
MOJIB UDDIN CHOUDHURY VS. FAZIL AHMED CHOUDHURY [LAWS(GAU)-2007-3-74] [REFERRED TO]
RAVINDRAN VS. M.S. MANICKAVEL [LAWS(MAD)-1987-12-38] [REFERRED TO]
THIRUVADUTHURAI ADHEENAM GURUMAHA SANNITHANAM VS. K. MANICKAM [LAWS(MAD)-2008-11-417] [REFERRED TO]
HIMMAT RAI VS. ABDUL HAMID AND OTHERS [LAWS(P&H)-2015-8-382] [REFERRED TO]
DALJIT SINGH AND ANOTHER VS. NAND RAM AND OTHERS [LAWS(P&H)-1967-7-16] [REFERRED]
NIRANJAN SINGH VS. RAMESHWAR SINGH [LAWS(P&H)-1977-1-41] [REFERRED]
KIRPAL SINGH VS. KARAM SINGH [LAWS(P&H)-1989-2-155] [REFERRED]
GURBACHAN SINGH VS. HARCHAND SINGH [LAWS(P&H)-1989-8-195] [REFERRED]
POORANLAL VS. SMT. MEENA LAKHERA [LAWS(MPH)-2018-2-9] [REFERRED TO]
ASHOK HARI GAWALI (DIED) VS. GIRISH GULABCHAND BHATE [LAWS(BOM)-2018-11-209] [REGERRED TO]


JUDGEMENT

- (1.)This appeal arises out of an execution proceedings. It is filed by the decree-holders and is directed against the judgment of the High Court at Calcutta setting aside the order of a learned Subordinate Judge at Alipore dismissing the objection of a judgment-debtor to the execution. The High Court held that the decree having earlier been executed in full, the present proceedings for its execution were incompetent and thereupon dismissed the decree-holders' petition for execution. The question that arises is whether the decree had earlier been executed in full.
(2.)The facts appear to have been as follows: -One Sukeshwari died some-time prior to 1944 possessed of three plots of land which at all material times, bore premises Nos. 26, 27 and 28, Dum Dum, Cossipore Road, in the outskirts of Calcutta. She left a will of which defendants Nos. 1, 2 and 6 were the executors. The executors granted leases of these different plots of land to defendants Nos. 3, 4 and 5 respectively and put them in possession.
(3.)Certain persons called Mohatas whose interests are represented by the appellants in the present appeal, claimed that Sukeshwari had only a life interest in the lands which on her death had vested in them and the executors had therefore no right to grant the leases. They filed a suit against the executors and the tenants on September 15, 1954, in the Court of a Subordinate Judge at Alipore for a decree declaring that the defendants had no right to possess the lands and for khas possession by evicting the defendants from the lands by removing the structures, if any, put up by them there. On March 30, 1948, the learned Subordinate Judge passed a decree for khas possession in favour of the Mohatas and gave the defendants six months' time to remove the structures put up on the land. It is the execution of this decree with which the appeal is concerned.
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