Code of Civil Procedure, 1908–Order 21, Rule 35–Observation of the Revisional Court that the appellants have not presented any proof to show that the respondents have violated the terms of the compromise decree dated 01.11.1933–There was no convincing evidence before the Execution Court to establish that the respondents were in possession of the idols or had violated the compromise decree dated 01.11.1933–Inference of the Execution Court was based merely on the absence of earlier dispute–Findings based on presumption cannot replace proof–There has been no evidence of compliance of clause (2) of the compromise decree, which required appointment of two trustees from each sect to supervise and manage rituals and maintain accounts–Held, appellants failed to establish violation of the compromise decree by the respondents–No reason is found for interference with the impugned judgments passed by the High Court.
