imposed to challenge the compromise in a
separate suit because a party to a compromise is
entitled to challenge the compromise as not lawful,
either ... contending that the compromise was not lawful and that it
ought not to have been recorded. A compromise decree is
based on the agreement arrived
suit filed against Kulkarni came to be decided earlier by a compromise decree. The compromise decree in that behalf was passed ... virtue of the said compromise decree, the tenant was required to hand over the possession of the total area of 35 acres, 4 gunthas
claim was resisted by the tenant; but ultimately a compromise decree was obtained by the parties. By reason of the compromise decree the defendant ... this period the landlord sought to execute the compromise decree and claimed possession by execution process.
The defendant resisted this claim on the ground that
premises was fixed at Rs. 95/- per month under a compromise decree in regular Civil Suit No. 416 of 1962 filed earlier by them; that ... between the parties, it is quite patent from the compromise decree, copy Exh. 151, that the plaintiffs and the defendants had taken into consideration
decree was more than Rs. 3,60,000, that, under the law, an attaching decree-holder had power only to execute the attached decree ... seriously prejudice the original decree-holder by enabling the attaching decree-holder to accept, in satisfaction of the attached decree, a lesser amount than
consider whether the compromise is lawful; and if, through oversight or error, an unlawful compromise is allowed and a decree is passed ... matured into a decree. If a decree had not been drawn in terms of compromise in the present case and the matter had remained merely
decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of decree shall be determined by Court executing the decree ... settled by way of compromise on 19-3-1987 that the property which was subject matter of the compromise decree was being enjoyed in terms
compromise in the first
place. That want of authority had to be established.
This is, therefore, no authority for the proposition that
a compromise decree ... compromise. If we put this together, the following principles may be
said to emerge:
(a) No separate suit lies to set aside a compromise decree
rent has been got fixed by compromise;
(b) there is no default clause whatsoever;
(c) the compromise decree does not even mention that the relationship ... pass a decree of eviction by compromise. Shri kapasi has argued that in the instant case the compromise decree was passed even before any issue
contention of the present plaintiff that as per the compromise contained in the compromise decree 1/2 share was given to the present plaintiff; whereas ... recorded a compromise to this effect, the compromise could not be described as anything but a normal compromise and a decree passed in terms
