Supreme Court of India · 1962-03-05
KRISHNA PRASAD AND OTHERS vs GAURI KUMARI DEVI
- Citation / case number
- SC 1959/157
- Court
- Supreme Court of India
- Petitioner
- KRISHNA PRASAD AND OTHERS
- Respondent
- GAURI KUMARI DEVI
- Bench
- GAJENDRAGADKAR, P.B.
Judgment text excerpt
The Supreme Court held that Section 4(d) of the Bihar Land Reforms Act, 1950, prohibits the execution of a personal decree against a mortgagor when the mortgaged estate has vested in the State. The Court clarified that compensation payable for the acquisition of the mortgaged estate serves as substituted security for the mortgage claim, which must be enforced under the Act. The execution petition was dismissed as the executing court could not realize the personal decree until it was established that the realization from the mortgaged property was insufficient.