GANPATI TIMMANNA Vs. NILKANTH SADASHIV

JUDGEMENT

(1.) THIS is a second appeal in execution which raises a short question which is whether the respondents are entitled to deduct a sum of Rs. 469-6-3 from out of the amount of Rs. 2,172 ;paid into Court by them. The circumstances giving rise to the execution application out of which. the appeal arises are these.

(2.) ON 16 June 1947, the respondents filed against the appellant a suit for specific performance of a contract. While the suit was pending, the respondents paid into Court a sum of Rs. 2,500. The suit was eventually decreed on 22 September 1948, and the material terms of the decree were as follows:

(3.) THIS decree was challenged in a first appeal and also in a second appeal, but in the two superior Courts the trial Court's decree' was confirmed.