Holding

Khudkasht lands do not vest in the State under the Madhya Bharat Zamindari Abolition Act, 1951, and the Zamindar retains the right to redeem the mortgage.

Summary

The respondent Zamindar had executed two mortgage deeds in 1947‑48 covering houses and khudkasht lands. After the Madhya Bharat Zamindari Abolition Act, 1951 came into force, the mortgagee (appellant) contended that the Zamindar could not redeem the mortgage because the Act vested all zamindari rights in the State. The trial court and the Madhya Pradesh High Court allowed the Zamindar to redeem, holding that khudkasht lands were excluded from vesting. On appeal, the Supreme Court examined Sections 2(a), 2(c), 3, 4(2), 5 and 6 of the Act and held that khudkasht lands do not vest in the State and the Zamindar retains a subsisting interest. The Court relied on the earlier decision in Meharban Singh v. Naresh Singh and affirmed the doctrine of stare decisis, rejecting the contrary view expressed in Budha v. Ami/Ala. Consequently, the appeal was dismissed and the lower courts' decree allowing redemption was upheld.

Issues considered

The effect of the Madhya Bharat Zamindari Abolition Act, 1951 on the vesting of khudkasht lands in the State
Whether a mortgagee can claim a better title or prevent redemption of a mortgage on khudkasht land post‑enactment
The applicability of earlier precedents, particularly Meharban Singh v. Naresh Singh, versus later decisions such as Budha v. Ami/Ala

Legislation cited

Madhya Bharat Zamindari Abolition Act, 1951s. 2(a), s. 2(c), s. 3, s. 4(2), s. 5, s. 6

Subjects

Zamindari abolitionKhudkasht landMortgage redemptionStare decisisProperty lawLand tenureMadhya Bharat Zamindari Abolition ActMortgagee rights

Judgment

MISHRI LAL (DEAD) BY LRS. A
v.
DHIRENDRA NA TH (DEAD) BY LRS. AND ORS.

APRIL 6, 1999

[M. JAGANNADHA RAO AND UMESH C. BANERJEE, JJ.] B

Tenancy and Land Laws:

Madhya Bharat Zamindari Abolition Act, 1951-Ss.2(a)&(c) 3,4(2),
5&6- "Khudkasht" lands-Vesting in State-Rights of Zamindar-Mortgage C
deeds-Mortgaged property including Khudkasht land-Suit for redemption
of mortgage-A/lowed by trial court-Confirmed by High Court-Validity
of-Held, ''Khudkasht'' land does not vest in State-Subsisting interest of
Zamindar continue to exist-Mortgager entitled to claim redemption of
mortgage.
D
Precedent

Doctrine of ''stare dec.isis' '-Applicability of-Constitution of India,
Article 141.

Words & Phrases E
''Proprietor'', ''Khudkash~.' '-Meaning of in the context ofSec.2 (a)& (c)
of the Madhya Bharat Zamindar( Abolition Act, 197 I.

Respondent-Zamindar executed two mortgage-deeds in favour of appellant
for securing loan against certain properties.including "Khudkasht" lands. F
The Madhya Bharat Zamindari Abolition Act, 1951 came into force for
vesting the proprietary rights in the State by abolishing the zamindari
system. Respondent-mortgagor filed a suit for redemption ~f mortgage. The
suit was contested by appellantee-mortgagee on the ground that respondent-
mortgagor has no right to redeem the mortga~ed property in view of the Act.
However, the trial court, decreed the suit holding that respondent-mortgagor G
was entitled to redeem the mortgage. On appeal, High Court confirmed the
said decree. Hence the present appeal.

Dismissing the appeal, this Court

HELd: 1.1. Under the Madhya Bharat Zamindari Abolition Act, 1951, H
453
454 SUPREME COURT REPORTS [1999) 2 S.C.R.

A "Khudkasht" lands does not vest in the State and the subsisting interest of
the Zamindar shall continue to exist.

The mortgagee is not entitled to claim any better title than he has prior
to the enactment of the statute. Thqs, both the trial court and High Court
were justified in allowing the respondent-Zamindar's claim for redemption
B of mortgage. [456-G-H; 457-C-D]

!.2. Under section 4 (2) of the Act, there is a categorical expression
of statutory intent that the land which has not been recorded as Khudkasht
land is liable to vest in the State. Conversely thus, the intent of the legislature
is loud enough to indicate that while Zamindari or intermediary interest was
C being abolished, due care has been taken to protect the Khudkasht land and
allowed the subsisting interest of the Zamindar to continue so as to enable
the Zamindar either to cultivate himself or through employees or hired
labourers and in that event the same would be out of contemplation of the
statute. The statute has put an embargo even on the mortgagee ofKhudkasht
D land by providing that the mortgagee would not be able to upgrade his
entitlement or status and the possession of Khudkasht land stands transferred
from him to the Zamindar by operation of law. [456-H; 457-A-C)

1.3. The definition of the word "Proprietor" means a person as respects
a village, muhal or land settled on zamindari system owning whether in trust
E or for his own benefit, such village, muhal or land. The definition of
"Khudkasht" under section 2(c) referring therein land cultivated by the
Zamindar himself or through employees or hired labourers, read with section
4(2), makes it abundantly clear that section 2(a) cannot but mean that it is
the Zamindar or proprietor only who has.been allowed by the statute to obtain
the benefit. [457-D-E]
F
2.1. The decision of this Court in Meharban Singh 's* case that
Zamindars are entitled to remain in possession of Khudkasht land under the
Act has to be followed on the doctrine of "stare decisis". The law as settled
by this court in the said case, has stood the test of time and if at this juncture
G a contra opinion is expressed, it will open up a series of conflicts and
consequent litigation and thereby disturbing settled position of law in the
State of Madhya Pradesh. Thus, the High Court rightly proceeded on the
basis of Maharban Singh 's case and decided the issue in its proper perspective.
[464-C-E]

H *Maharban Singh v Naresh Singh, AIR (1971) SC 77, relied on.
MJSHRI LAL v. DHIRENDRA NA TH [BANERJEE. J.) 455
Budha v. Ami/al, (1990) 4 JT 804, distinguished. A
2.2. It is true that the doctrine of "stare decisis" has no statutory
sanction and the same is based on a rule of convenience and expediency and
as also on "public policy", but the doctrine should and ought always to be
strictly adhered to by the courts of law to sub-serve the ends of justice. The
statement that previous decisions should not be followed to the extent that B
error may be perpetuated and grievous wrong may result, though deserves
serious considerations in the event of definite finding as to the perpetration
of a grave wrong but that by itself does not denude the time tested doctrine
of "stare decisis" its efficacy. Taking recourse to the doctrine would be an
imperative necessity to avoid unce'i"tainty and confusion. The basic feature C
of law is its certainty and in the event of there being uncertainty as regards
the state of law - the society would be in utter confusion resultant effect of
which would bring about a situation of chaos - a situation which ought always
to be avoided. (460-F; 461-E-G]

Muktul v. Mst. Manbhari & Ors., ['19591 SCR 1099; Raj Narain Pandey D
& Ors. v. Sant Prasad Tewari & Ors., (1973) 2 SCR 835; Gangeshwar Ltd.
v. State of UP & Ors., [1995] 6 SCC 84 and Kattite Valappil Pathumma &
Ors. v. Taluk Land Board & Ors., (1997) 4 SCC 114, relied on.

Comrs. v. Valverda, (Owners) (1938) Appeal Cases 173 and Button v.
Director of Public Prosecution, Swain v. Director of Public Prosecutions, E
(1966) AC 591, referred to.

Halsbury's Laws of England and Corous Juris Secundum, refe~red to.

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 190 of 1991.
·' F
From the Judgment and Order dated 6.10.88 of the Madhya Pradesh
High Court in F.A, No. 16of1973•.

S.K. Jain for the Appellant.

S. Markendeya, R.N. Sharma and A.L. Trehan for the Respondents. G
The Judgment· of the Court was delivered by

BANERJEE, J. This appeal is directed against the order of the Madhya
Pradesh High Court confirming the preliminary decree passed by the trial
court and allowing the plaintiffs' claim for redemption in respect of mortgaged H
456 SUPREME COURT REPORTS [1999) 2 S.C.R.

A houses and khudkasht land.

2. The contextual facts record that the defendant-mortgagee has
challenged the right of the plaintiff-mortgagor to redeem assorted items of
property which were mortgaged prior to the enactment of the Madhya Bharat
Zamindari Abolition Act, 1951 (Samvat 2008). The learned trial judge decreed
B the suit and the appeal therefrom however before the learned single judge
resulted in an order of reference before a Division Bench by reason of
expression of a view contra, by another Single Judge of Indore Bench in
second appeal No. 498of1965, Yakub son of Kasamji v. Yakub son of Fakir
Mohammad & Ors.
c 3. On however a detail analysis of facts it appears that the plaintiff-
respondent being the Zamindar of village Kamalpur, during the subsistence
of the Zamindari, executed two mortgage-deeds dated 4.8.194 7 and 5.1.1948
in favour of the defendant-appellant for securing thereunder a loan against
movable property and houses, Zamindari and Khudkasht lands. The
D possession of the mortgaged property as the record shows was delivered to
the mortgagee-defendant and in a suit filed for redemption of the mortgage,
the trial court as noted above decreed the suit with an express finding that
the plaintiff was entitled to redeem the mortgage.

4. Be it noted here that the Madhya Bharat Zamindari Abolition Act has
E been engrafted into the statute book for acquisition of rights of proprietors
in villages, Mu~als, Chaks or blocks settled on Zamindari system so as to
subserve the public purposes of the improvement of agriculture and financial
condition of agriculturists and came into force on 25th June, 1951.

5. Section 2c, defined "Khudkasht land" meaning thereby land cultiYated
F by Zamindar himself· or through employees or hired labourers and includes
'sir' land.
"
Section 3 of the Act provides for vesting of the proprietary rights in the
State and Section 4 records the consequence of vesting of an estate in the
State.
G
Section 4 (2) provides that notwitlistanding anything contained in sub-
section (1) the proprietor shall continue to remain in possession of his
Khudkasht land so recorded in the annual village papers before the date of
vesting.
-
H 6. It; therefore, appears that there is a categorical expression of statutory
MISHRI LAL v. DHIRENDRA NATH [BANERJEE, J.] 457
intent that the land which has not been recorded as Khudkasht land is liable A
to vest in the State. Conversely thus, the intent of the legislature is loud
enough to indicate that while Zamindari or intermediary interest was being
abolished, due care has been taken to protect the Khudkasht land and allowed
the subsisting interest of the Zamindar to continue so as to enable the
Zamindar either to cultivate himself or through employees or hired labourers B
and in that event the same would be out of contemplation of the statute. The
statute has put an embargo even on the mortgagee of Khudkasht land. As
a matter of fact the Act read as a whole suggests that the mortgagee would
not be able to upgrade his entitlement or status and the possession of
Khudkasht land stands transferred from him to the Zamindar by operation of
law. Section 4 and various sub-sections thereunder read with Sections 5 and C
6 categorically depict the same and it is on this aspect of the matter we lend
our concurrence to the observation of the High Court to the following effect:-
" A mortgagee's interest in the mortgaged Khudka::iht land is not allowed to
blossom into larger interest of ownership or of indefeasible right to possess
the land in virtue of the advent of the new land tenure system."
D
7. The definition section as noticed above and in particular the definition
of the word "Proprietor" means a person as respects a village, muhal or land
settled on Zamindari system owning whether in trust or for his own benefit,
such village, muhal or land. The definition of "Khudkasht" under Section 2(c) ·
referring therein land cultivated by the Zamindar himself or through employees E
or hired labourers, read with section 4(2), makes it abundantly clear that
Section 2 (a) cannot but mean that it is the Zamindar or Proprietor only who
has been allowed by the statute to obtain the benefit. The mortgagee cannot
be allowed to claim a better title by reason of the provisions as noted above
i than he has prior to the enactment of the statute.
F
8. .As regards the Yakub 's case the High Court in paragraph 13 of the
Judgment observed:-

"True, for the view taken in Yakub 's case (supra) reliance is placed
mainly by the learned single judge, on a decision rendered by another G
learned single judge of this court in Bhagwant v. Ramchandra, ( 1961)
JLJ 286. In that decision also, a simplistic view of the definition was
taken and relying on Section 2(a)(a) read with sub-clause (2) of section
2 of Qanoon Mal, Gwalior State, the rights of Zamindar/proprietor
were subrogated to that of his mortgagee and the latter was even held
entitled under Section 38 to claim to be a "Pakka tenant' and thereby H
458 SUPREME COURT REPORTS [19?9] 2 S.C.R.

A to keep alive his interest .in the mortgaged "Khudkasht" land in direct
opposition to the object and purpose of Section 4(l)(t). Reference was
also made in Yakub 's' case (supra) to a Bench decisioA of this Court
in Khumansingh v. Dhansingh, (1971) RN 351, but, in our opinion,
reliance thereon was misconceived. In that case, it was held that in
"Z.A. Act" emphasis was on actual cultivation of the "Khudkasht"
B lands and not on entry ("so recorded") in the revenue record, while
construing Sections 2(c) and 4(2) of the said Act. The scope and
object of Section 4(l)(t) di~ not come up for consideration. of their
Lordships in that case. Although reference was also made in Yakub 's
case to another Bench decision of this Court, Chaturbhuj v. Mohan/a/,
c (1961) RN 182, that was also not a case of a Mortgagee v. Zamindar
and in that case, construction of the provisions merely of Sections
4(2) and 2(c) has to be read."

9. This aspect of the matter, however, has been dealt with by this Court
in the case of Meharban Singh v. Naresh Singh, AIR (1971) SC 77 wherein
D this Court in paragraph 8 observed :-

"8. A plain reading of these sections would show that all rights,
title and interest of the proprietors in the area notified were to cease
and were instead to vest in the State free from all encumbrances with
effect from all encumbrances with effect from the date of notification
E and after such vestirig in the State every mortgage with possession
existing on the property so vested or 'part thereof on the date
immediately preceding the date of vesting, to the extent of the amount
secured on such property or part, thereof, is to be deemed, without
prejudice to the right of the State under Section 3 to have been
substituted by a simple mortgage. The proprietor, however,
F notwithstanding other consequences of the vesting in a State, is
entitled to continue to remain in possession of his khudkasht land
which is so recorded in the annual village papers before the date of
vesting. Now it was clearly open to the plaintiffs to show that the land
in question was khudkasht and, therefore, in accordance with Section
G 4, they were entitled to remain. in possession thereof."

10. Mr. S.K. Jain, appearing in support of the appeal however contended
that subsequent to the decision in Meharban Singh 's case this Court in the
case of Budha v. Ami/a/, (1990) 4 JT, 804 expressed a different view and by
reason of divergence of views this matter ought to be referred to a larger
H Bench for resolution and enunciation of the law on the subject. For
MISHRI LAL v. DHIRENDRA NATH [BANERJEE, J.] 459
convenience sake the observation of this Court in Budha 's case (supra) is set A
out herein below:-

"14. Even if it is assumed that the lands· in dispute have to be treated
as Khudkasht lands of the appellant by virtue of clause (i) of the
inclusive part of the definition of 'Khudkasht' contained in Section B
5(23) of the Rajasthan Tenancy Act, the appellant cannot succeed in
his claim that he has acquired Khatedari rights in respect of those
lands on the basis of the provisions contained in sub- section (4) of
Section 5 and sub-section (I) of section 29 of the Act. Sub-section
(4) of Section 5 provides that notwithstanding anything contained in
sub-section (2) of Section 5 the Zamindar or Biswedar shall subject C
to the provisions of Section 29, co:Jtinue to retain the possession of
his Khudkasht, recorded as such in the annual registers before the
date of vesting. The words "continue to retain the possession", imply
that lands which are recorded as Khudkasht in the annual register
before the date of vesting should also be in possession oftlie Zamindar
or Biswedar on the date of vesting and if he is in possession of such D
lands he can continue to retam the possession of the same subject
to the provisions of Section 29. Sub-section (1) of Section 29 prescribes
that as from the date of vesting of an estate, the Zamindar or Biswedar
thereof shall be a malik of any Khudkasht land in his occupation on
such date and shall, as such malik, be entitled to all the rights conferred E
and subject to all the liabilities imposed on a Khatedar tenant by or
under the Rajasthan Tenancy Act. Under this provision Khatedri
rights have, been conferred on a Zamindar or Biswedar as from the
date of the vesting of the estate in respect of Khudkasht lands in the
occupation of such Zamindar or Biswedar on such date. The words
"in his occupation on such date" postulates that the lands, though F
Khudkasht, should be in the occupation of the Zamindar or Blswedar
on the date of vesting of the estate. It would thus appear that in view
of sub-section (4) of Section 5 and sub-section (I) of Section 29 of
the Act the mere fact of recording of the land as Khudkasht in the
settlement records on the date of vesting would not be enough for G
a Zamindar or Biswedar to acquire Khatedari rights over the said lands
and it is further required that the Zamindar or Biswedar should be in
possession/occupation of the said lands on the date of vesting of the
estate under the Act. The possession/occupation envisaged by sub-
section (4) of Section 5 and sub-section (1) of Section 29 of the Act
is actual possession/occupation and the possession of a mortgagor H
460 SUPREME COURT REPORTS [1999] 2 S.C.R.

A through the mortgagee cannot be held to be possession or occupation
as postulated in sub-section (4) of Section 5 and sub-section (1) of
Section 29 of the Act.

15. In the present case the appellant has come forward with a specific
case in the plaint that the defendant is in possession of the lands in
B dispute as a mortgagee from the date of the two mortgagees. In other
words the appellant was not in possession /occupation of the said
lands on the date of vesting of the estate of the appellant under the
Act. The appellant cannot, therefore, claim Khatedari rights in respect
of the lands in dispute."

C 11. Incidentally, be it noted that the decision in Budha's case (supra)
was on interpretation of Rajasthan Zamindari and Biswedari Abolition Act,
1959 whereas Madhya Bharat Zamindari Abolition Act, 1951 came up for
consideration in Meharbansingh 's case. The later decision of this Court in
Budha's case (supra) however has not noticed the judgment of this Court in
D Meharban Singh 's case (supra) and by reason of the observation of this
Court in paragraph 15 of the judgment in Budha 's case, it can not but be said
that the decision in the later judgment was 012 the peculiar facts of the case.
It is further to be noted that Meharban Singh 's case came to be decided as
early as 1970 and has been followed for last three decades in the State of
Madhya Pradesh and innumerable number of matters have been dealt with on
E the basis thereof and in the event, a different view is expressed today, so far
as this specific legislation is concerned, it would unsettle the situation in the
State of Madhya Pradesh and it is on this score also that reliance on the
doctrine of 'stare decisis' may be apposite. While it is true that the doctrine
has no statutory sanction and the same is based on a Rule of convenience
and expediency and as also on 'Public Policy' but in our view, the doctrine
F
should and ought always to be strictly adhered to by the courts of law to
sub-serve the ends of justice.

12. This Court in Muktul v. Mst. Manbhari & Ors., [1959] SCR 1099,
explained the scope of the doctrine of stare decisis with reference to Halsbury's
G Laws of England and Corpus Juris Secundum in the manner following:-

"The principles of 'Stare Decisis' is thus stated in Halsbury's
Laws of England :

"Apart from any question as to the Courts being of co-ordinate
H jurisdiction, a decisio9_which has been followed for a long period of
MISHRI LAL v. DHIRENDRA NATH [BANERJEE, J.] 461

time, and has been acted upon by persons in the fonnation of contracts A
. or in the disposition of their property, or in the general conduct of
affairs, or in legal procedure or in other ways, will generally be followed
by courts of higher authority than the court establishing the rule,
even though the court before whom the matter arises afterwards might
not have given the same decision had the question come before it
originally. But the. supreme appellate Court will not shrink from B
overruling a decision, or series of decisions, which establish a doctrine
plainly outside the statute and outside the common law, when no title
and no contract will be shaken, no persons can complain, and no
general course of dealing be altered by the remedy of a mistake".

The same doctrine is thus explained in Corpus Juris Secundum:-
c
"Under the stare decisis rule, a principle of law which has become
settled by a series of decisions generally is binding on the courts and
should be followed in similar cases. This rule is based on expediency
and public policy, and, although generally it should be strictly adhered D
to by the courts, it is not universally applicable."
• 13. Be it noted however that Corpus Juris Secundum, adds a rider that
"previous decisions should not be followed to the extent that griev_ous wrong
may result; and, accordingly, the courts ordinarily will not adhere to a rule or
principle established by previous decisions which they are convinced is E
erroneous. The rule of stare decisis is not so imperative or inflexible as to
preclude a departure therefrom in any case, but its application must be
detennined in each case by the discretion of the court, and previous decisions
should not be followed to the extent that error may be perpetuated and
grievous wrong may result."
F
14. The statement though deserves serious consideration in the event
of a definite finding as to the perpetration of a grave wrong but that by itself
does not denude the time tested doctrine of stare decisis its efficacy. Taking
recourse to the doctrine would be an imperative necessity to avoid uncertainty
and confusion. The basic feature of law is its certainty and in the event of G
there being uncertainty as regards the state of law - the society would be in
utter confusion resultant effect of which would bring about a situation of
chaos - a situation which ought always to be avoided.

15. In Raj Narain Pandey & Ors. v. Sant Prasad Tewari & Ors., [1973]
2 SCR 835, H.R. Khanna, J. (as he then was) observed at page 840 of the H
462 SUPREME COURT REPORTS [l 999) 2 S.C.R.

A Report as follows :-

In the matter of the interpretation of a local statute, the view taken
by the High Court over a number of years should normally be adhered
to and not distuI'bed. Adifferent view would not only introduce and
element of uncertainty and confusion, it would also have the effect
B of unsettling transactions·wliich might have been entered into on the
faith of those decisions. The doctrine of stare decisis can be aptly
invoked in such a situation. As 9bserved by Lord Ev~rshed M.R. in
-
the case of Brownsea Haven Properties v. Poole Corpn., there is well
established authority for the view that a decision of long standing on
c the basis of which many persons will in the course of time have
arranged their affairs should not lightly be disturbed by a superior
court not strictly bound itself by the decision."

16. Recently in Bishamber Dass Kohli v. Satya Bhalla, [1993] 1 SCC
566 J.S. Verma, J. (as he then was) observed in respect of a provision of the
D East Punjab Urban Rent Restriction Act, 1949 as follows :-

"This is how this provision appears to have been understood at
least ever since then and the people in the State have arranged their
affairs on that basis. Apart from the fact that this view commands to
us as the correct view, the desirability of continuing the settled view
E is also a reason in its favour."

17. More recently in Gangeshwar Limitedv. State ofU.P. & Ors., [1995]
6 SCC 84, this Court observed :- .

"We would have appreciated this attractive argument had there
F not been two decisions of the Allahabad High Court in the way, which
are to the contrary. These are - State of U.P. v. Har Bi/as Goel and
Jai Ram Singh v. State of U. P. The understanding of section 6 of the
Ceiling Act by the High Court reflected in these two decisions, when
none has been placed before us to the contrary, would require upholding
on the principle of stare decisis, for if we go to reinterpret the provision
G contrarily, it would upset the settled positi0n in the State insofar as
this area of law is concerned." ....
18. Paripoornan, J. in a similar vein in Kattite Valappil Pathumma &
Ors. v. Taluk land Board & Ors., [1997] 4 SCC 114 observed:-
---
H "We are further of the view, that even if another view is possible,
MISHR! LAL v. DHIRENDRA NATH [BANERJEE, J.] 463

-- we are not inclined to take a different view at this distance of time.
Interpretation of the law is not a mere mental exercise. Things which
A

have been adjudged long ago should be allowed to rest in peace. A
decision rendered long ago can be overruled only if this Court comes
to the conclusion that it is manifestly wrong or unfair and not merely
on the ground that another interpretation is possible and the court B
may arrive at a different conclusion. We should remember that the law
laid down by the High Court in the above decision has not been
doubted so far. The Act in ,question is a State enactment. These are
weighty considerations. to hold that even if a different view is possible,
if it will have the effect of upsetting or reopening past and closed
transactions or unsettling titles all over the State, this Court should C
be loathe to take a different view. On this ground as well, we are not
inclined to interfere with the judgment under appeal."

19. In this context reference may also be made to two English decisions:
(a) In Admiralty Comrs. v. Va/verda, (Owners) (1938 Appeal Cases 173 at 194)
wherein the House of Lords observed that even long-established conveyancing D
practice, although not as authoritative as a judicial decision, will cause the
House of Lords to hesitate before declaring it wrong and (b) In Button v.
Director of Public Prosecution, Swain v. Director of Public Prosecutions,
(1966) AC 591 House of Lords observed:-

"In Corpus Juris Secundum, a contemporary statement of American E
Law the stare decisis rule has been stated to be a principle of law
which has become settled by a series of decisions generally is binding
on the courts and should be followed in similar cases. It has been
stated that this rule is based on exp~diency and public policy and
....... - should be strictly adhered to by the courts. Under this rule courts are F
bound to follow the common law as it has been judicially declared in
previously adjudicated cases and rules of substantive law should be
reasonably interpreted and administered. This rule has to preserve the
harmony and stability of the law and to make as steadfast as po~sible
judicially declared principles affecting the rights of property, it being G
indispensable to the due administration of justice, especially by a
court of last resort, that a question once deliberately examined and
decided should be considered as settled and closed to further argument.
It is a salutary rule, entitled to great weight and ordinarily should be
strictly adhered to by the courts. The courts are slow to interfere with
the principle announced by the decision, and it may be upheld even H
464 ·SUPREME COURT REPORTS [1999] 2 S.~.R.

A though they would decide otherwise were the question a new on~, or
equitable considerations might suggest a different result and although
it has been erroneously applied in a particular case. The rule represents
an element of continuity in Jaw and is rooted in the psychologic need
to satisfy reasonable expectations, but it is a principle of policy and
not a mechanical formula of adherence to the latest decision however
B recent and questionable when such adherence involves collision with
a prior doctrine more embracing in its scope, intrinsically sounder and
verified by experience.

20. The law as settled by this court in Meharbansingh 's case (supra)
C has stood the test of time and if at this juncture a contra opinion is expressed,
it will open·up a series of conflicts and consequent litigation and thereby
disturbing settled position of Jaw in the State of Madhya Pradesh. This
Court's decision on the Rajasthan legislation has been decided in the peculiar
facts of the matter in issue therein. There is neither any co-relation nor any
identity of subject, between the two enactments and as a matter of fact the
D legislations speak differently. As such, we are not able to record our
concurrence with the submission of Mr. Jain that the law needs to be·
enunciated more fully by reason of a different view as expressed by this Court
in Budha 's case. Budha 's case (supra) as noticed above, has been decided on
its own merits and has no applicability in the contextual facts. The doctrine
E of stare decisis therefore, prompt us to reject the contention of Shri Jain. In
that view of the matter and since the High Court has proceeded on the basis
of Meharbansingh's case , we do feel it convenient to record that the High
Court has decided the issue in its proper perspective and we see no reason
to express any different view at this point of time.

p 21. The appeal', therefore, fails and is dismissed with no order as to
_costs.

S.V.K.1. Appeal dismissed.