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.