MANGRU MAHTO & ORS. vs SHRI THAKUR TARAKNATHJI TARAKESHWAR MATH & ORS.

The Supreme Court held that K was precluded from claiming the right to attach the suit lands in execution of his money decree due to the orders passed against him in the claim proceedings under Order 21 Rule 58 of the Code of Civil Procedure (CPC) and his failure to file a suit under Order 21 Rule 63. The Court clarified that a claim proceeding under Order 21 Rule 58 is not a suit and does not operate as res judicata, while the validity of the leases granted by the mortgagor was not affected by Section 65A of the Transfer of Property Act as they were executed prior to its enactment. The leases were found to be binding between the mortgagor and the lessee, despite not being binding on the mortgagee.