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1972 Supreme(Mad) 602

K.VEERASWAMI, V.V.RAGHAVAN
Rangaswamy Reddiar (died) – Appellant
Versus
Jayalakshmi Ammal – Respondent


Advocates:
T. R. Ramachandran and R. Srinivasan, for Appellant.
S. Thiagaraja Aiyar, for Respondent.

Veeraswami, C.J.-The question in this appeal is whether a pre-decretal agreement made subsequent to the suit could be pleaded in bar of execution. There are two Full Bench decisions of this Court, Chidambaram Chettiar v. Krishna Vathiyar1 and Papamma v. Venkayya2, which bear on the question. In the earlier case the parties to the appeals in this Court entered into an agreement with the appellant, who submitted to a decree in a suit by the respondent then pending against him, that the former should make an arrangement for satisfaction of such decree within a fixed date, and that the latter should not, before that date, execute or transfer it. The Court by a majority opinion held that the agreement could be pleaded in proceedings taken in execution of decree. Apparently, this decision was understood in subsequent decisions as limited to the proposition that a pre-decretal agreement could be pleaded only if it related to the mode of execution. But Papamma v. Venkayya2, made it clear that a pre-decretal agreement not to execute the decree was not in attack of the decree, nor did it vary the terms of the decree, so that, as the pre-decretal agreement related purely to execution of the d







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