Post-decree compromise and execution rights: unrecorded adjustment could not bar enforcement of the eviction decree.

A post-decree compromise affects execution only if it amounts to an adjustment or satisfaction of the decree and is recorded by the executing court under Order 21 Rule 2; an unrecorded adjustment cannot be relied on to resist execution under Order 21 Rule 3. Where the compromise merely regulated surrender of part of the premises and granted time for the balance, while preserving the landlord's right to execute on default, it did not extinguish the eviction decree. The fresh lease deed and the earlier execution petition being dismissed as not pressed did not alter the decree's executability, and the objection to execution failed.

---

---

Issues: Whether the compromise entered into after the eviction decree, together with the execution of a fresh lease deed, extinguished the decree or merely regulated the mode and time of its execution, and whether an unrecorded compromise could be relied upon to resist execution under the Code of Civil Procedure.

Analysis: A post-decree compromise can affect executability only if it amounts to an adjustment or satisfaction of the decree and is recorded by the executing court under Order 21 Rule 2. Under Order 21 Rule 3, an adjustment not certified or recorded cannot be recognised by the executing court. The effect of such a compromise depends on the intention of the parties as gathered from the compromise terms and surrounding circumstances. Here, the compromise contemplated surrender of part of the premises and granted time for the balance, while expressly preserving the landlord's right to execute the eviction decree on default. The compromise was not recorded by the executing court, and the dismissal of the earlier execution petition as not pressed did not amount to recognition of the adjustment. The fresh lease deed could not alter this position for the purpose of execution.

Conclusion: The compromise did not extinguish the decree, and the executing court was bound to proceed with execution; the objection to executability failed and the order recalling delivery of possession was unsustainable.

Ratio Decidendi: A post-decree compromise affects execution only when it is intended to extinguish the decree and is recorded by the executing court; an unrecorded compromise merely regulating the manner or time of enforcement cannot bar execution.

---