RADHA KRISHNA Vs. KRISHNA

JUDGEMENT

(1.) This execution first appeal filed by the decree-holder arises out of the following circumstances.

(2.) The decree-holder filed a suit against respondent No. 1 claiming certain property as an adopted son of Shanker Lal. The respondent claimed the property as a reversioner. The plaintiff's suit was decreed by the trial court but the decree of the trial court was reversed by the High Court and then the decree of the High Court was reversed by the Privy Council. The plaintiff was also awarded costs against the defendant, who is respondent No. 1. The judgment of the Privy Council is dated 6th/23rd November 1944.

(3.) The decree-holder made the first execution application for recovery of costs in 1948 but it was dismissed. Thereafter another execution application was made on 16th May 1952 and it was alleged that this application was within time because of certain payments made by the judgment-debtor i.e. Rs. 1100/- on 3rd February 1948, Rs. 1000/- on 3rd April 1950 and Rs. 1000/- on 6th July 1950. Another ground why the execution was said to be within time was the acknowledgment of the decretal amount by the judgment-debtor in a sort of a family settlement which took place on 4th February 1950.