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1963 Supreme(All) 211

S.S.DHAVAN
LAKSHMI PRASAD – Appellant
Versus
GOPI PRASAD – Respondent


Advocates Appeared:
ASHOK GUPTA, M.P.Mehrotra, N.A.RAHMAN

DHAVAN, J.


( 1 ) THIS is a judgment debtors second appeal from the concurrent decisions of the Courts below dismissing his objections against the execution of a decree for the possession of a house. The facts of the case are peculiar. The parties are near relations and owned certain houses. There was a dispute over their partition and the matter refered to arbitration. The arbitrators award, which was registered, was in favour of the appellant. He applied to the Court for a decree in terms of the award, but the respondent opposed this application. During the proceedings the parties compromised their dispute and it was agreed that the house in possession of the appellant would be transferred to the respondent and the one in possession of the respondent to the appellant. A clause in the compromise provided that the parties would hand over possession to one another within one month and in case of failure each party would have the right to get possession in the execution proceedings.

( 2 ) THE respondent applied for execution on the ground that the appellant had not transferred the house as agreed. The appellant filed an objection alleging that the respondent had deliberately demolishe







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