KANMAL Vs. HUKAMCHAND

JUDGEMENT

(1.) BY the court - This is an appeal under sec. 18 (1) of the Rajasthan High Court Ordinance, against the judgment of a learned Single Judge of this Court dated 17. 3. 61, in an execution second appeal. It raises a question about the executability of a compromise decree between a landlord and a tenant. The facts necessary for appreciating the controversy are briefly these.

(2.) THE appellants before us were the decree-holders. THEy had filed a suit against the respondent-judgment-debtor for arrears of rent and for eviction of the respondent from a shop at Nagaur which had been taken by the judgment-debtor from the decree-holders on a monthly rent of Rs. 25/ -. It was claimed that 14 months' rent was due and that decree-holders were entitled to evict Hukamchand. THE suit was decreed on the basis of a compromise arrived at between the parties. As the question of executability of the decree falls to be considered on the terms of the compromise, the salient features of the compromise are stated hereunder.