Supreme Court of India

Deep Chand v Land Acquisition Officer

(1994) 4 SCC 99; AIR 1994 SC 1901; [1994] 1 SCR 53019941 min read
The case in brief30-second read
Facts
On a reference by the Collector under the second proviso to S.49(1) of the Land Acquisition Act, 1894, the civil court decided whether the land proposed to be acquired formed part of the appellants' house or building. The Madhya Pradesh High Court held that the order was not a decree and dismissed the appeal as not maintainable.
Issue
Whether the civil court's determination on a S.49(1) reference is a decree within S.2(2) CPC, appealable under S.96.
Held
Decree means a formal expression of an adjudication which conclusively determines the rights of the parties on all or any of the matters in controversy. The S.49(1) determination involves no adjudication of the parties' rights and is not an award under S.26(2), so it is not a decree and no appeal lies under S.96. The contrary Madras and Patna views were disapproved. Appeal dismissed.
Principle
A determination that does not conclusively adjudicate the rights of the parties is not a decree under S.2(2) CPC and is not appealable under S.96
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Facts

  • On a reference by the Collector under the second proviso to S.49(1) of the Land Acquisition Act, 1894, the civil court decided whether the land proposed to be acquired formed part of the appellants' house or building. The Madhya Pradesh High Court held that the order was not a decree and dismissed the appeal as not maintainable.

Issue

  1. Whether the civil court's determination on a S.49(1) reference is a decree within S.2(2) CPC, appealable under S.96.

Held

  • Decree means a formal expression of an adjudication which conclusively determines the rights of the parties on all or any of the matters in controversy. The S.49(1) determination involves no adjudication of the parties' rights and is not an award under S.26(2), so it is not a decree and no appeal lies under S.96. The contrary Madras and Patna views were disapproved. Appeal dismissed.

Ratio decidendi

Appealability under S.96 depends on whether the decision is a decree in the S.2(2) sense: a formal, conclusive adjudication of the parties' rights.

Exam use

How to use it in an answer

Use to illustrate the elements of a decree (formal expression, adjudication, conclusive determination of rights) and why some court decisions are not decrees.

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Citation

Deep Chand v Land Acquisition Officer (1994) 4 SCC 99; AIR 1994 SC 1901; [1994] 1 SCR 530

Reported: https://indiankanoon.org/doc/1587540/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.