Salkia Businessmen'S Association vs Howrah Municipal Corporation & Ors. ... on 16 March, 2000
Salkia Businessmen's
Association and others Vs. Howrah Municipal Corporation and
others AIR 2001 SC 2970 was a case where the Hon'ble Supreme
Court held that the Court should strictly enforce the terms and viewing
breach of terms of compromise as matter of mere contract between
parties and disregarding it would have disastrous effect on rule of law.
The Executing Court directed Rs.1 lac to be deposited by the decree-
holder before he could obtain eviction, thereby enforcing the terms of
the contract and refusing to the decree-holder a scope to commit a
breach in the manner sought for by him by contending that the terms for
deposit was against public policy. This decision again re-enforces the
fundamental principle that the parties cannot stay away from the terms
of a compromise and make it wholly inexecutable unless the
inexecutability itself is to be a result of non-compliance of some of the
terms.