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february 2007

Supreme Court of India · 2007-02-23

KHAZAN SINGH (D) BY LRS. vs GURBHAJAN SINGH .

Citation / case number
SC 2006/1567
Court
Supreme Court of India
Petitioner
KHAZAN SINGH (D) BY LRS.
Respondent
GURBHAJAN SINGH .
Author
MARKANDEY KATJU S.B. SINHA
Bench
MARKANDEY KATJU S.B. SINHA

Judgment text excerpt

The Supreme Court addressed the interpretation of a decree from 1953 regarding possession of land under Khasra No. 2057 to 2059. The Court held that actual possession was not delivered as per the decree, leading to the dismissal of a subsequent suit for possession, citing the principle that a fresh suit is not maintainable when a decree is executable. The Court reaffirmed the legal position established in Sasi Sakharewar Ray Vs. Lalit Mohan Maitra (AIR 1925 Privy Council 34) regarding the preclusion of a fresh suit for possession when a decree exists.

KHAZAN SINGH (D) BY LRS. vs GURBHAJAN SINGH . · Niyam