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1982 Supreme(SC) 52

BAHARUL ISLAM, E.S.VENKATARAMIAH
Kalloo – Appellant
Versus
Dhakadevi – Respondent


Advocates:
Amlan Ghosh, S.K.JAIN, SOBHAG MAL JAIN

JUDGMENT

BAHARUL ISLAM, J.:— This appeal by special leave is by the judgment-debtors. The material facts which are not in dispute may be stated thus :

2. The predecessor of the respondents (hereinafter referred to as the decreeholder) filed a suit for eviction of the predecessor of the appellants (hereinafter referred to as the judgment-debtor) and obtained a decree on 21-3-1960, inter alia, for eviction from a shop. The decree-holder filed a petition for execution of the decree for eviction in the executing Court on 3-1-1961. The petition was dismissed on 20-1-1961. A fresh petition for execution was filed on 19-1-1965. It was also dismissed on 20-3-1965. The decree-holder again filed an application for execution of the decree on 22-6-1966. During the pendency of this execution proceeding, the parties filed a compromise petition on 31-3-1968. The terms of the compromise on the interpretation of which the result of this appeal depends were as follows :

(material portions only) :

"In the above case, a compromise has taken place between the parties as follows :

(1) That for the present the judgment-debtor is not getting a shop. His established business will be ruined by vacating the shop



















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