VidhiSangh

Supreme Court of India · 22/04/2024

REHAN AHMED (D) THR. LRS. versus AKHTAR UN NISA (D) THR. LRS.

[2024] 4 S.C.R. 694 · 2024 INSC 329

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Summary

A specific-performance compromise decree could not be treated as void on an unsupported assumption of joint ownership or failure of verification. The owner and purchaser had signed and judicially verified identical compromise terms; the other defendant acknowledged no ownership. Similar execution objections had already failed, making the renewed heir’s challenge abusive on this record. The Court restored rejection of the Section 47 objections and allowed execution to proceed under the decree.

Issues

  1. Whether alleged joint ownership and absence of another defendant’s signature invalidated the compromise.
  2. Whether Order XXIII Rule 3 verification had been completed.
  3. Whether renewed execution objections could reopen matters already concluded.

Provisions considered

Held

Result

Appeal allowed; High Court order set aside and executing court’s rejection of Section 47 objections restored. No costs.

Judgment PDF: Supreme Court of India, [2024] 4 S.C.R. 694.