ABDUL GHANISAB Vs. ALAMPALLI NANJUNDA SETTY

JUDGEMENT

(1.) In O.S. 271/1952-53, in the Court of the Munsiff of Chitaldurg, the decree-holder, who is the respondent in the appeal, and two others, used the judgment-debtor, who is the appellant in this appeal for a sum of Rs. 1,970-13-6. In that suit, a consent decree was made against the judgment-debtor for a sum of Rs. 700/-. It was provided by that consent decree that the sum of money should be paid in two equal installments. The first installment was payable on May 28, 1954, and the second, on November 28, 1954. The decree also contained a further provision which was to the effect that if the judgment-debtor committed default in making these payments, the decree-holder would be entitled to recover from the judgment-debtor the entire sum of money claimed in the plaint.

(2.) The first payment made by the judgment-debtor was a delayed payment. He made that payment on May 31, 1954, with the result that the decree-holder sought to recover from him the entire sum of money claimed in the plaint, which was more than Rs. 1,200 in excess of that for the payment of which the consent decree provided.

(3.) The executing Court refused to recognize the right of the decree-holder to claim that larger sum of money. It thought that it had power to relieve the judgment-debtor against what it considered to be in the nature of a penalty.