SANAT KUMAR AUDDY Vs. PRODYOT KUMAR AUDDY

JUDGEMENT

(1.) This appeal by special leave is against the judgment of the Calcutta High Court affirming on revision the decision of the trial Court whereby certain amounts had been ordered to be paid to the defendant-respondents.

(2.) The appeal arises out of a suit for partition and rendition of accounts instituted on August 19, 1937. In that suit, there was a compromise between the parties and on June 18, 1953 a decree was awarded in terms of that compromise. According to the compromise-decree, the predecessors-in-interest of some of the defendant cosharers had overdrawn out of the joint family funds to the extent of Rs. 2,86,000. Those defendant cosharers would hereinafter be described as debtor cosharers. It was agreed that the aforesaid amount would be payable by the debtor co-sharers to the other cosharers, hereinafter referred to as the creditor cosharers. Clause (3) of the compromise-decree provided that the aforesaid sum of Rs. 2,86.000 would be paid by the debtor cosharers to the creditors cosharers, with three years from the date of the final decree. Certain further concessions were also given in the matter of payment to the debtor cosharers in the event of their paying half of the amount within the stipulated period. No final decree, it is stated, has so far been passed.

(3.) It appears that some of the joint properties were acquired and an amount of Rs. 4,48,571.67 was paid as compensation for those properties. On the application of the creditor cosharers, an order was made that they be paid their share of the compensation money. An application was thereafter made on behalf of the debtor cosharers for payment of their share of the compensation amount. This application was resisted by the creditor cosharers. The trial Court repelled the objections of the creditor cosharers and directed that the debtor cosharers be paid their share of the compensation amount. Revision filed by the creditor cosharers against that order was dismissed by the High Court. It is this order of the High Court which is the subject-matter of the present appeal.