KULDIP RAJ GUPTA Vs. YOG RAJ

JUDGEMENT

(1.) The appellant owner of a shop situated at City Chowk, a prime location in Jammu, mortgaged the same in favour of the respondent. Appellant instituted a suit for redemption of mortgaged property, which landed in the court of Munsiff (Sub Registrar), Jammu. On 02.12.1983, the appellant and respondent entered into a compromise. The terms and conditions of the compromise are taken note of:

(2.) When the defendant did not hand over the possession of the suit shop to the appellant as was agreed upon in the compromise deed, the appellant filed application for execution of the compromise decree.

(3.) During the pendency of the execution petition before the executing court, the respondent instituted civil original suit challenging the compromise decree on the ground that the respondent had not executed the memo of compromise and his signature on the same was forged.