KHETU Vs. JUGTI AND OTHERS

JUDGEMENT

(1.) THIS appeal is directed against the appellate order of the Senior Subordinate Judge, Hissar, holding that the enforcement of the compromise would be penal.

(2.) THE Appellant Khetu instituted a suit on 11th of August, 1958 against Jugti and his two minor sons Chattar Singh and Rattan Singh for delivery of possession of 32 kanals of land which had been sold to him for a sum of Rs. 2,000/ -. The sons of Jugti were represented by Ram Sarup and eventually a compromise was effected between the parties on 29th of August, 1959. As the controversy in this appeal centres round the terms of the compromise it would be well to set these out in full:

(3.) BOTH the executing Court and the Senior Subordinate Judge in appeal have held that the clause in the compromise decree authorising the decree -holder to recover the suit land in default of payment of Rs. 1,000/ - by first of May, 1960 amounted to a penalty which the Court could relieve the judgment -debtors from. The execution application has accordingly been dismissed.