B P TANDON Vs. NAWAB MEHDI ALI KHAN

JUDGEMENT

(1.) THIS is a decree-holder's second appeal aris ing out of execution proceedings.

(2.) THE material facts are as follows: Sri B. P. Tandon and Sri Brijeshwari Prasad Tandon, hereinafter to be called 'decree-holder-appellant's, filed a suit for recovery of a sum of Rs.2,592.56 against Nawab Mehdi Ali Khan, now substituted by his heirs, and Mohammad Mehdi Ali Khan. A compromise was entered into between the parties during the pendency of the case in the trial court, and the suit was decreed in accordance with that compromise. It 'may be relevant to mention here some of the terms of that compromise which were as follows:

(3.) WE have heard learned counsel on either side. On the arguments raised on either side, we find that the limited question involved for con sideration is whether sections 11 and 12 of the Pensions Act would apply to the commuted value of pension.