Supreme Court of India · 1953-01-21
LAL BHAGWANT SINGH vs RAI SAHIB LALA SRI KISHEN DAS
- Citation / case number
- SC 1951/28
- Court
- Supreme Court of India
- Petitioner
- LAL BHAGWANT SINGH
- Respondent
- RAI SAHIB LALA SRI KISHEN DAS
- Bench
- MAHAJAN, MEHR CHAND
Judgment text excerpt
The Supreme Court held that under Section 144 of the Civil Procedure Code, a compromise decree required the judgment-debtor to convey immovable property to the decree-holder within a week. The Court confirmed that the judgment-debtor was bound to comply with the amended decree, which allowed payment in instalments, as the Privy Council's restoration of the amended decree did not alter the payment terms. Consequently, the judgment-debtor was not entitled to restitution after the sale of the property, as no stay of execution was obtained prior to the sale.