GOJER BROS. PVT. LTD. vs RATAN LAL SINGH

The Supreme Court held that the decree for possession passed by the trial court on November 24, 1958 merged into the decree of the High Court dated January 5, 1969, thus ceasing to exist independently. The Court clarified that the doctrine of merger applies, meaning that the earlier judgment loses its identity upon being superseded by a superior court's judgment. Consequently, the application under Section 17D of the West Bengal Premises Tenancy (Second Amendment) Act, 1969 was deemed not maintainable, and the High Court's order was set aside.