BHAGAT RAM Vs. SWARAN CHAND

JUDGEMENT

(1.) Bhagat Ram, decree-holder sought execution of a decree dated 15.2.1984, passed in the following terms :-

(2.) The learned counsel for the petitioner contends that the reasons given by the trial Court cannot be sustained inasmuch as there is no dispute between the parties with respect to the title of the land under the drain nor there is any claim that ventilators, doors and windows of the defendant are owned by the Gram Panchayat. The dispute was between the two private parties and the trial Court, after taking into consideration the pleas raised, and the evidence recorded in the suit passed the decree. The judgment-debtor cannot be permitted to go behind the decree, the decree is not void on the face of it. Even otherwise also the decree is not void. It is contended that the executing court cannot go behind the decree and in order to support this contention reliance is placed on Vasudev Dhanjibhai Modi v. Rajabhai Abdul Rehman and others, 1970 AIR(SC) 1475.

(3.) The learned counsel for the respondent controverts the submission made by the learned counsel for the petitioner and contends that the decree is based on some earlier compromise entered into between the parties in 1967, consequently a subsequent decree is bad.