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Subbanarayana Aiyar Vs. Maya thevan Alias Mayandi thevan and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported inAIR1916Mad550(1); 30Ind.Cas.263
AppellantSubbanarayana Aiyar
RespondentMaya thevan Alias Mayandi thevan and ors.
Excerpt:
compromise decree - terms of razinamah re-produced in decree--specific provision in decree that terms so far as relate to suit only executable--executability of decree as regards terms outside scope of suit. - 1. it is argued that the provisions in the compromise petition were made part oft eh decree and are, therefore, executable with it. but the decree, through it makes executable its terms only so far as they relate to the suit against defendant?. and we cannot find that the terms 7 and 8 relate to it either directly or, as the district munsif held, indirectly as indicating a quid pro quo, on which the settlement of the plaint claim was based. in these circumstances we agree with the learned district judge and dismiss the appeal against appellate order with costs.
Judgment:

1. It is argued that the provisions in the compromise petition were made part oft eh decree and are, therefore, executable with it. But the decree, through it makes executable its terms only so far as they relate to the suit against defendant?. And we cannot find that the terms 7 and 8 relate to it either directly or, as the District Munsif held, indirectly as indicating a quid pro quo, on which the settlement of the plaint claim was based. In these circumstances we agree with the learned District Judge and dismiss the appeal against appellate order with costs.


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