SMT. KALLOO & ORS. versus DHAKADEVI & ORS .

SMT. KALLOO & ORS. versus DHAKADEVI & ORS .

In this case, the compromise and the order of the Executing Court showed that the parties did not intend to create a fresh lease but to allow time for the judgment-debtor to vacate, with damages for use and occupation, and failure to pay entitled the decree-holder to execution. Therefore, the decree was not extinguished and remained executable.

Parties
Appellant/judgment Debtor: Smt. Kalloo; Respondent/decree Holder: Dhakadevi
Jurisdiction
India
Judgment Date
09 February 1982
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave Against Dismissal of Second Appeal by High Court
Outcome
Appeal dismissed with costs.
Legal Topics
Execution Proceedings, Compromise Decree, Fresh Lease or Discharge of Decree
Civil Procedure Landlord and Tenant Execution Proceedings Compromise Decree Fresh Lease or Discharge of Decree

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Parties

Smt. Kalloo

Appellant/judgment Debtor

Dhakadevi

Respondent/decree Holder

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave Against Dismissal of Second Appeal by High Court

Legal Issues

  1. 1 Whether a compromise during execution of an eviction decree extinguishes the decree and creates a fresh lease or merely provides a mode for its discharge
  2. 2 Whether execution for possession is maintainable after such compromise

Ratio Decidendi

In this case, the compromise and the order of the Executing Court showed that the parties did not intend to create a fresh lease but to allow time for the judgment-debtor to vacate, with damages for use and occupation, and failure to pay entitled the decree-holder to execution. Therefore, the decree was not extinguished and remained executable.

Court Disposition

Appeal dismissed with costs.

Orders

  • The decree-holder's execution petition for possession is maintainable.
  • Appeal by judgment-debtors is dismissed.