SEWKISSENDAS BHATTER Vs. DOMINION OF INDIA

JUDGEMENT

(1.) This litigation has a long history behind it, but the history must be told in order that the point, now in dispute, may be properly appreciated. We shall, however, make every endeavour to put the story, --the story of facts, -- within as brief a compass as possible.

(2.) In or about the year 1923, one Durgaprosad Chamaria brought a suit which was eventually registered as Title Suit No. 61 of 1923 of the court of the Additional Subordinate Judge of Howrah against three persons, namely, Radhaprosad Chamaria, Moti-lal Chamaria and Anardeyi Sethani, since deceased. The suit was for inter alia specific performance of a certain agreement for sale of immovable properties and it was eventually decreed on compromise on April 19, 1926. Under the compromise decree the defendants Radhaprosad and Motilal, who are plaintiffs Nos. 2 and 3 in the present suit and Sm. Anardeyi (whose executor and legal representative Sew Kissen-das Shatter is plaintiff No. 1 here) were to pay to the decree-holder Durgaprosad a sum of Rs. 8,61,000/-and several other sums in certain instalments. Payments were made from time to time, but some of these were not certified by the decree-holder and the judgment-debtors' attempt to have these uncertified payments recorded as certified failed except with regard to three of them. Eventually, a sum of Rs. 3,32,372-10-0 remained due under the decree with interest as provided therein.

(3.) On March 14, 1933, Durgaprosad's son Keshardeo, who had been given in adoption to another branch of the Chamaria family, brought a suit against his natural father Durgaprasad for recovery of certain monies and, three days later, on March 17, 1933, the said suit was compromised between the said parties whereby the above decree of Title Suit No. 61 of 1923 (the outstanding dues whereunder, at the time, were as stated above, a sum of Rs. 3,32,372-10-0 with interest) was assigned to Kesherdeo.