KARTIC PROSAD KHETTRY Vs. AMAR NATH KHETTRY

JUDGEMENT

(1.) This is an application for execution of a decree dated July 10, 1945 passed in a Partition and Administration Suit. The decree was by consent of the parties. Clause 3 of the decree, provided, that the defendant Amar Nath Khettry would pay to the plaintiff Kartic Prosad K'hettry Rs. 4,000/- (being the excess amount) taken by the said defendant from the Receiver appointed in the suit within 6 months from the date of the decree and the properties allotted to the said defendant in terms of Clause 1 of the said decree remain charged and in default of payment, the plaintiff would be entitled to execute the decree with interest (5) 6% per annum on the said sum of Rs. 4,000/-.

(2.) Clause 4 of the decree, provided, that the defendant Amar Nath Khettrv would return the valuables and jewelleries to the plaintiff within one vear and a half from the date of the decree, and in default, the said defendant Amar Nath Khettrv would pav Rs. 5,000/- to the plaintiff with interest @ 6% per annum from the date of expiry of the said one and a half year. The properties allotted to the said defendant also would remain charged for the said sum.

(3.) On or about June 5. 1957 the plaintiff applied for execution of the decree for realising the sum of Rupees 14,842/8/- with interest.