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PETITIONER: LAL BHAGWANT SINGH
Vs.
RESPONDENT: RAI SAHIB LALA SRI KISHEN DAS
DATE OF JUDGMENT: 21/01/1953
BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND DAS, SUDHI RANJAN BHAGWATI, NATWARLAL H.
CITATION: 1953 AIR 136 1953 SCC 539 CITATOR INFO : D 1966 SC 948 (5)
ACT: Civil Procedure Code (V of 1908), s. 144- Compromise decree- Stipulation to sell property to decreeholder within a week for amount due-- Amendment of decree allowing judgment- debtor to pay in instalments, whole amount being payable on default of 3 instalments-- Original decree restored by High Court-Sale in execution-Amended decree restored by Privy Council-Validity of sale-Restitution U. P. Encumbered Estates Act (1934 as amended in 1939)-Proceedings under s. 4 quashed by Board of Revenue-Sale of judgment debtor’s property before Amendment Act-Application under Amendment Act to amend previous application- Whether fresh proceedings --Validity of sale.
HEADNOTE: Under a compromise decree the amount due to the plaintiff was fixed by mutual consent and it was further agreed that the defendant should within one week of the date of the decree convey to the plaintiff immoveable properties sufficient to satisfy the decree. The U. P. Agriculturists Relief Act of 1934 having come into force, the decree was subsequently amended by the Civil Judge by reducing t...