RAM CHAND Vs. HARDWARI LALL

JUDGEMENT

(1.) THIS Execution First Appeal is directed against the order of Shri Jaswant Singh, Subordinate Judge 1st Class, Delhi, dated December 2, 1961. On 8th January, 1953, Mst. Dhano Devi filed a suit for the recovery of Rs. 9920 by sale of mortgage property. This amount included Rs. 8000 as principal and interest at the rate of 12% per annum from 22nd December, 1950 to 21st December, 1952. On 22nd February, 1954, there was a compromise -between the parties and they accordingly made an application for recording of the same. On the basis of the compromise, the statement of the parties was recorded and an order, dated 22nd February, 1954, was passed recording the compromise. The first paragraph of the decree is in following terms:

(2.) THE amended decree shows that a sum of Rs. 12250/12 annas is due to the decree -holder on account of principal, costs and interest calculated upto 22nd February, 1954 instead of Rs. 9920/ - It is stated that the decree was amended vide order dated 1st August, 1961.

(3.) MR . Yogeshwar Dayal for appellant has raised the following contentions: