https://www.taxtmi.com/caselaws?id=292027 An unsuccessful objector under Order XXI Rule 58 CPC, who does not file a suit under Order XXI Rule 63, cannot later reassert the same title in defence; the rejected objection remains conclusive as to the right then claimed, and symbolical possession in execution is effective against the judgment-debtor. The execution purchasers, having taken only Amar Singh's interest, were entitled only to that redeemable share in the house and could not claim a greater interest without discharging the mortgage burden attached to it. The plaintiffs were therefore confined to possession of one-half of the house, subject to payment of the mortgage amount on Amar Singh's share. en-us Mon, 03 Mar 1958 00:00:00 +0530 Fri, 04 Dec 2020 15:31:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=292027 An unsuccessful objector under Order XXI Rule 58 CPC, who does not file a suit under Order XXI Rule 63, cannot later reassert the same title in defence; the rejected objection remains conclusive as to the right then claimed, and symbolical possession in execution is effective against the judgment-debtor. The execution purchasers, having taken only Amar Singh's interest, were entitled only to that redeemable share in the house and could not claim a greater interest without discharging the mortgage burden attached to it. The plaintiffs were therefore confined to possession of one-half of the house, subject to payment of the mortgage amount on Amar Singh's share. Case-Laws Indian Laws Mon, 03 Mar 1958 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=292027