HUBBILAL SADASHIV Vs. MOHAMMAD MAKBOOL AHMED KHAN

JUDGEMENT

(1.) C. B. Wood, respondent No. 2 filed a suit against the appellant Hubbilal and respondents 3 and 4, namely, Battulal and Mithulal claiming ejection from a house and also arrears of rent The suit was compromised and a decree was passed in terms of the compromise. The material terms in the compromise were as under :

(2.) SHRI V. P. Shrivastava, learned counsel for the respondents, raised a preliminary objection that this appeal is not competent as the applications filed by the judgment-debtor in the trial Court could not be treated as applications under Section 47, Civil Procedure Code. It appears that a similar objection was raised before the District Judge and it was disallowed vide para. 15 of the judgment.

(3.) THE applications filed by the judgment-debtor clearly related to execution of the decree and as such fall within the purview of Section 47, Civil Procedure code. It is, therefore, clear that the order passed by the trial Court was appealable and this appeal is competent.