NAIN SINGH Vs. MAHENDRA SINGH

JUDGEMENT

(1.) This appeal arises out of certain proceedings for the execution of a decree passed by a learned Munsif.

(2.) The appellants sued the respondent for Rs. 2,000 as damages resulting from the cutting down by the respondent of certain trees in a grove claimed by the appellants as their property; they sued also for an injunction to restrain the respondent from cutting down any more trees. During the pendency of the suit more trees were cut down by the respondent, and ultimately the parties entered into a compromise whereunder, inter alia, the respondent agreed to pay to the appellants the sum of Rs. 9,650 by way of damages, and a decree was passed by the learned Munsif in the terms of this compromise. Neither party challenged the Court's order directing the compromise to be recorded and the decree, therefore, became final.

(3.) Subsequently, the appellants sought to execute this decree, and the respondent then for the first time objected that as the pecuniary jurisdiction of the Munsif was restricted to Rs. 5,000 so much of the decree as was in excess of that amount was a nullity and incapable of execution. The execution Court dismissed the objection, but on appeal the learned District Judge reversed this decision. The appellants have come to this Court in second appeal.