TARABAI MOHATA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal against an order dated March 15, 11958 passed by the learned Subordinate Judge, First Court, Alipore. District 24 Parganas in Misc. Case No. 96 of 1955 --arising out of Title Execution Case No. 16 of 1955 -- dismissing thereby an objection under Section 47 of the Code of Civil Procedure.

(2.) The objectors are the heirs and legal representatives of a deceased judgment-debtor Radhakissen Mohta. In or about the year 1945-46 the Revenue Authorities started Certificate Case No. 241 I. T. 1945-46 before the Certificate Officer, 24 Parganas for recovery of certificate dues from the said Radhakissen Mohta. While the said proceeding was pending Radhakissen Mohta instituted Title Suit No. 121 of 1947 in the First Court of the Subordinate Judge at Alipore against the predecessor-in-interest of the present respondent for a declaration that the certificate filed in the aforesaid Certificate Case No. 241 I. T. of 1945-46 is void, illegal, inoperative and not binding on him and for cancellation of the certificate. The suit failed in the trial court and it was dismissed on September 17, 1948. The certificate debtor Radhakissen Mohta preferred an appeal from original decree to this court which was registered as F. A. No. 186 of 1948. In the above appeal to this court, the parties filed a petition of compromise incorporating the terms of settlement on August 13, 1949 and this Court disposed of the appeal by passing a decree in terms of the said petition of compromise on August 24, 1949. As the dispute in the present appeal before us arises out of the rival interpretation of the said decree and the terms of Settlement it is necessary to set out material part of the terms which reads as herein:

(3.) It is not in dispute that over and above the sum of Rs. 50,000 and Rs. 25,000 referred to in Clauses 1 and 2 of the above terms, the Certificate-debtor had also paid a sum of Rupees 1 lac as referred to in Clause 2 and a further sum of Rs. 10,000 towards the value of the shares referred to in Clause 3 of the terms as above. It is also not in dispute that save as aforesaid no other sum has yet been paid either by the Certificate-debtor or his heirs and legal representatives--the present appellants.