Statutory bar on mortgage execution applies once vested estate claims must be pursued through compensation mechanism.

Section 4(d) of the Bihar Land Reform Act, 1950 was construed to bar mortgage decree-holders from pursuing execution against a mortgagor's other properties where the mortgaged estate had vested in the State. The statutory scheme for claims relating to vested estates was treated as a complete code: the mortgagee had to present the claim before the Claims Officer and look to the compensation mechanism for satisfaction of the secured debt. On that reading, pending recovery proceedings and execution efforts outside the vested estate were not competent until the statutory remedy was exhausted.

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Issues: Whether section 4(d) of the Bihar Land Reform Act, 1950 barred the mortgage decree-holders from executing the personal decree against the mortgagor's non-mortgaged properties before pursuing the statutory remedy under the Act.

Analysis: The mortgaged properties had vested in the State under the Act, and the creditor's claim had been presented before the Claims Officer, who determined the amount payable out of compensation. The statutory scheme of Chapters IV, V and VI treated mortgage claims relating to vested estates as a complete code for determination and payment of the creditor's dues. Section 4(d), read with sections 14, 16, 24(5) and 35, was construed broadly to bar pending suits and proceedings for recovery of money secured by a mortgage of an estate, including execution proceedings, even where the creditor sought to proceed against properties other than the vested estate. The decree itself required exhaustion of the mortgage security, and the statutory compensation stood in place of the mortgaged property for satisfaction of the debt.

Conclusion: The bar under section 4(d) applied, and the execution against the respondent's other properties was incompetent at that stage.

Ratio Decidendi: Where mortgaged property constituting an estate has vested in the State, the mortgagee must pursue the statutory claim and compensation mechanism under the Act before resorting to personal execution against the mortgagor's other properties.

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