execution of a decree for eviction the compromise may extinguish the decree
and create a fresh lease or the compromise may provide a new mode ... mentioned in the
compromise agreement and that if the respondent violated the terms of the
compromise, the decree could be executed within the said span
execution of a decree for eviction the compromise may extinguish the decree
and create a fresh lease or the compromise may provide a new mode ... mentioned in the
compromise agreement and that if the respondent violated the terms of the
compromise, the decree could be executed within the said span
defendant No. 4 executed in favour of the plaintiff was executed in accordance with the terms of the compromise decree. Hence, it is argued ... against them a decree in terms of a compromise entered in to between them and the plaintiff. By that compromise decree it was ordered that
decree was valid in spite of contravention of certain provisions of the Bengal Money Lenders Act and further whether compromise decree was executable. On facts ... also fails.
12. In our opinion, the Executing Court had no jurisdiction to execute the compromise decree which was passed without, jurisdiction
decree declaring that the decree dt. 23-2-65 passed in O.S. Suit No. 2590 of 1956 being a preliminary compromise scheme decree declaring ... raised that Clause 21 of the compromise decree really referred to the ejectment decree and not the compromise decree is utterly false and an afterthought
entitled to have the decree
executed.
The respondent contended that the decree had been extinguished by the
compromise and the execution of a new lease ... whose duty
it is to execute the decree, the execution of the decree cannot be proceeded
with by the executing court. But if the intention
executing court can execute only a decree and cannot enforce an extraneous contract, included in the decree by consent of parties A decree ... construction of compromise decree, as laid down by P.N. Mookerjee, J. in , the decree may at most become executable by the plaintiff against
temporary injunction against the petitioner restraining the petitioner from executing the said compromise decree in the said Title Suit No. 40 of 1971. The case ... plaintiff sought for temporary injunction restraining the petitioner from executing the compromise decree in the Title Suit No. 40 of 1971 on the ground that
proceedings in execution of a compromise decree under the following circumstances.
2. The plaintiff (decree-holder) sued the defendants (judgment-debtors) for recovery of possession ... land in suit by executing the decree that would be passed on the petition of compromise. It is unnecessary for the purposes of the present
perusal of the compromise decree, it is clear that each party
was required to fulfill certain conditions for acquiring the share of
the other party ... assistance of the executing
court for compliance of the decree. Therefore, the compromise
decree became executable at the instance of a party on the
default
