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january 1953

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.

LAL BHAGWANT SINGH vs RAI SAHIB LALA SRI KISHEN DAS · Niyam