Ram Charan Das vs Mst. Girjanandani Devi And Ors. on 23 September, 1958
Therefore the compromise decree would at best be voidable and would require to be set aside. It is true that in Gopal Krishna Nath v. Hari Nath Kapurth, AIR 1921 Cal 565 it has been held that "the contract of the parties is not less a contract, and subject to the incidents of a contract, because there is superadded the command of the Judge"; and that "where a compromise decree creates a tenancy for a certain number of years at a certain annual rent, the tenant cannot be ejected otherwise than in accordance with the Act notwithstanding anything contained in the compromise and embodied in the decree."