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november 1962

Supreme Court of India · 1962-11-14

HAJI T. J. ABDUL SHAKOOR AND OTHERS vs BIJAY KUMAR KAPUR AND OTHERS

Citation / case number
SC 1960/80
Court
Supreme Court of India
Petitioner
HAJI T. J. ABDUL SHAKOOR AND OTHERS
Respondent
BIJAY KUMAR KAPUR AND OTHERS
Bench
AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court held that the terms of a compromise decree under Order 23, Rule 3 of the Code of Civil Procedure, 1908, must relate directly to the suit, and in this case, the mortgaged properties were to be sold as per the compromise. The Court clarified that a mere agreement to convey does not satisfy the decree; rather, the execution of the conveyance is essential for compliance. The appeal was dismissed, affirming the lower court's order for execution of the sale deed as per the compromise terms.

HAJI T. J. ABDUL SHAKOOR AND OTHERS vs BIJAY KUMAR KAPUR AND OTHERS · Niyam