mortgage. The suit was compromised and on July 28,
1928, a compromise decree was passed therein. Under the
compromise decree the mortgaged properties were divided ... into court towards the payment of the amount
due under the compromise decree. Before the expiry of the
period prescribed under the said decree Bangaru
cases by reducing the terms of compromise to writing signed
by the parties, and allowing the compromise decree to com-
prehend even matters falling outside ... cases by
reducing the terms of compromise to writing signed by the
parties, and allowing the compromise decree to comprehend
even matters falling outside
compromise and that compromise takes in property that is not
the subject matter of the suit, such a compromise decree
would require registration. Of course ... suit, if it
constitutes the consideration for the compromise, such a
compromise decree would be considered to be a compromise
relating to the subject matter
decree by
compromise had been passed in the said suit on 7th May,
1960. By the said compromise decree it was agreed that the
amounts ... rights under
the decree to the plaintiff decree holder. The theatre was
attached in the course of execution of the decree. The
original lease
terms of this
compromise to which he is not a party."
It is apparent from the terms of the compromise decree that
the temple ... gave to
the appellant a decree setting aside the decree complained
of and declaring that the agreement of compromise and the
decree complained of were
proviso-If
protection is afforded to a simple mortgagee.-Compromise
decree creating charge, if covered by s. 100-Transferee for
consideration if includes mortgagee ... debt
against the respondents. The suit was compromised and by
the compromise decree three items of the respondent's
property were sought
tenant entered into a
compromise and the court, after recording the same, passed
the following order
"As per compromise, decree for ejectment ... compromise consenting to a decree. The fact
that the consent to a decree takes
709
the form of a compromise cannot make the consent
party to a consent decree
to avoid such consent decree, is to approach the court which recorded the
compromise and made a decree in terms ... validity of
the agreement or compromise on which it is made. The second defendant, who
challenged the consent compromise decree was fully aware of this
upon to consider as to whether the compromise which is not a bona fide compromise or a compromise which does not aim to resolve ... distinction to consent or compromise. If the rights of a third person is not involved, the contract, compromise or compromise decree between the parties would
held
that the subject matter of the compromise was inseparable from the other
provisions of the compromise decree and constituted part of the
consideration ... suit, if it constitutes the consideration for the
compromise, such a compromise decree would be
considered to be a compromise relating to the
subject-matter
