Law: Specific Relief Act (I of 1877)

Section: 12

Law: Civil Procedure Code (V of 1908)

Section: 2(3), 2(10), 38 , O.XXI

(a)  Civil Procedure Code (V of 1908)---

----Ss. 2(3), 2(10), 38 & O.XXI---Specific Relief Act (I of 1877), Ss. 8, 12 & 54---

Compromise decree, scope of---Execution, scope of---Suit for specific performance, recovery of possession, permanent injunction and compensation--- Decree holder cannot seek possession on behalf of non-parties---Suit was decreed on the basis of compromise wherein the judgment debtors acknowledged the decree holder's financial assistance in resolving their disputes with their creditor and undertook to pay a sum of Rs.14,100,000/- to the decree holder by 01.03.2016---In the event of default, judgment debtor No. 2 agreed to subdivide her property and transfer four plots to the decree holder's daughters in partial satisfaction of the debt amounting to Rs.11,600,000/-, and an additional plot to adjust the remaining Rs.2,500,000/- and non-compliance with these terms would entitle the decree holder to seek enforcement through intervention of the Court---When respondent No.1 defaulted, execution proceedings were filed by decree holder to enforce the compromise decree---Legal question before the Court was whether a decree-holder, in whose favour a compromise decree has been passed based on acknowledgment of debt and conditional transfer of property to third parties (his children), possesses the locus standi to seek execution for possession on behalf of those third parties, particularly when registered sale deeds have already been executed in their favour?-