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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Pooja D/o Mahendra Singh – Appellant
Versus
Mahendra Singh S/o Rankishore Saini – Respondent
| Table of Content |
|---|
| 1. facts regarding the compromise and execution of possession. (Para 4 , 6) |
| 2. court's emphasis on fulfillment of decrees ensuring actual benefit. (Para 7 , 12) |
| 3. final judgment allowing execution as intended by the compromise. (Para 21 , 22) |
Order :
2. The instant Civil Execution First Appeal under Section 96 read with Order XXI Rule 103 and 98 and Section 151 of the CPC giving challenge to the order dated 05.10.2023 passed by the learned Additional District Judge, Gangapur (Bhilwara) in Civil Execution Case No.3/2023 (Pooja Vs. Mahendra singh & Ors.), whereby the learned Executing Court rejected the application under Section 151 of the CPC preferred on behalf of the appellant as well as the execution petition.
4. Bereft of unnecessary details, brief facts giving rise to the instant execution first appeal would be that the appellant had filed a suit for partition of the suit property. During the course of the said proceedings, on 17.08.2022, the parties entered into a compromise. As per the terms of the compromise, the parties agreed to give shop No.3 on ground floor to the plaintiff towards her share. The defendants also agreed and consented to provide assistance to t
Possession without corresponding title is inadequate; courts must fulfill decrees to ensure actual benefits to the decree-holder.
One joint decree-holder may apply for execution for the benefit of all unless expressly stated otherwise; courts can assess intent beyond strict decree wording.
The Executing Court cannot modify the terms of a decree but must execute it according to its original tenor, as established in Section 47 of the Code of Civil Procedure.
A compromise decree must be clear and unambiguous to be enforceable, and consensus ad idem is essential for the enforceability of a contract or decree.
Point of law: If once we accept the legal position that neither a contract for sale nor a decree passed on that basis for specific performance of the contract gives any right or title to the decree-h....
A compromise decree recognizing pre-existing tenancy rights does not require registration, upholding the right to execute it based on agreed terms under the Civil Procedure Code.
Execution of an agreement concerning joint family property requires partition; unpartitioned property cannot be alienated without the agreement of all co-owners.
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