obtained a decree against the sons of the deceased and the defendant No. 3. who had also obtained another decree against them attached the amount ... estate left by him. The decree of the first Court ran as follows: "Plaintiff to get a decree
obtained a decree against the sons of the deceased and defendant 3 who had also obtained another decree against them attached the amount payable under ... estate left by him. The decree of the first Court ran as follows:
Plaintiff to get a decree
suit for recovery
before the Ld. Trial Court.
The defendants contested the aforesaid suit and filed the written
statement wherein the defendant No.1 also ... respondents contested the said suit and after trial, the aforesaid suit filed
on behalf of the appellant/plaintiff was dismissed vide impugned
judgment/decree dated
against a consent decree no appeal is maintainable in any circumstances. Even when the trial Court erroneously passes a consent decree which is not strictly ... suit to challenge the compromise decree on the ground that it was illegal and fraudulent. The defendant contested the suit on the plea that
decree for Rs. 3,000/-in favour of the plaintiff should not have been passed.
4. The suit seems to have been hotly contested ... respect of interest.
5. In appeal the lower appellate Court reversed the decree of the trial Court. It upheld the finding of the trial Court
delivery warrant is issued, the
decree holder has a subsisting right in the property in
14
question, the decree cannot be enforced as there will ... negation of these grounds, learned counsel for the
decree holder-respondent would contend, the decree
holder's title was not under shadow. The fact
decree passed by the Court below to the condition of payment of Rs. 1,200 by respondents 1 and 2. There will be no decree ... further modify the decree of the Court below by expunging the order as to the payment of mesne profits.
27. The decree of the Court
). Mr. R.L Jain (Since Deceased) vs Suit No. 439/08/94 R.L Jain
plaintiffs or by 2nd defendant. Had he been in a position to contest the suit on the same lines as those adopted by defendants ... interest so to do.
3. We must allow the appeal and decree in plaintiff's favor for possession of item
against the defendant in the interest of justice.
3. Pass a decree of unauthorised occupation charges, in favour of
the plaintiff and against the defendant ... terms of the said rent deed.
4. Pass a decree of permanent injunction in favour of the plaintiff
and against the defendant thereby restraining
