IMBICHAMAMMAD Vs. ALI

JUDGEMENT

(1.) The defendants in O. S. 823/48 District Munsiff's Court, Quilandi, are the appellants in this Second Appeal. The matter arises in execution and the appeal is against the order of the learned District Judge confirming the order of the learned District Munsiff, directing delivery to be made to the plaintiff in R.E.P. 488/55. O. S. 823/48 District Munsiff's Court, Quilandi was filed by the respondent herein for recovery of arrears of rent from the defendants by sale of their tenancy rights in the land. According to the plaintiff, he leased the properties to the defendants on 27-9-46 and the defendants have agreed to pay every year 150 edangalis of paddy and Rs. 2/- in cash. As they had defaulted in payment of the rent for the years 1123 and 1124, he claimed to recover those arrears by sale of the tenancy rights of the defendants.

(2.) It is seen that on 30-7-51, the plaintiff and the defendants filed a memo of compromise, R.I.A. 3332/51 in the suit, whereby the defendants agreed to pay Rs. 253-5-6 including costs and further agreed to surrender possession of the properties after harvesting the 1127 Kanni crop. On the same date the compromise was recorded and the learned District Munsiff passed an order recording the compromise and passing a decree in terms of the compromise, so far as it relates to the subject matter of the suit. This order, it will be seen, is more or less in terms of O.23, rule 3 of the C.P.C. A decree followed and the decree also incorporated the specific undertaking of the defendants to surrender the properties.

(3.) It is also seen that the plaintiff filed E.P. 170/52 for recovering the money portion of the decree and full satisfaction was also later on entered. But as the defendants did not surrender possession of the properties, the plaintiff filed O. S. 283/52 on the file of the District Munsiff's Court, Quilandi for recovery of possession of the properties from the defendants, in pursuance of the compromise decree together with mesne profits.