RAM SARAN DASS Vs. KISHAN DASS

JUDGEMENT

(1.) This is a decree-holder's appeal against the order of the learned Civil Judge, Meerut, allowing the judgment-debtor's objection against the execution of the decree. The facts are these: Ram Saran Dass the appellant decree holder filed a suit against the defendant Kishan Dass for Rs. 1376/-/- and interest. The dispute was compromised in these terms:

(2.) It appears that the judgment debtor was not able to deposit the amount till 1-6-49. He did go to the court on 30-5-49 and got a tender on that date. But, for some reason he was not able to deposit it on that or the next day, but did deposit the entire amount on 1-6-1949 in the Bank. Thus, there was a delay of two days in making the deposit.

(3.) On 18-7-1949 the decree holder withdrew this amount. But subsequently he applied for execution for the balance due under the original decree. The judgment debtor objected that the decree holder could not execute the decree after having withdrawn the amount deposited under the compromise. The trial court held that the withdrawal of this amount did not debar him from levying execution for the balance as the judgment debtor had failed to pay the amount to the decree holder according to the terms of the compromise. On appeal the learned Judge held that the tender by the judgment debtor in court on 30-5-49 amounted to payment in satisfaction of the compromise decree. He allowed the appeal and directed that the decree holder's application for execution be struck off in full satisfaction. Aggrieved by this order the decree-holder has come to this Court in second appeal.