BADRI PRASAD Vs. BRINDABAN BIHARI LAL

JUDGEMENT

(1.) This is a judgment-debtor's second appeal arising out of an execution proceeding. The judgment-debtor was occupying a house belonging to the decree-holder as his tenant, and on 14th September 1943 the decree-holder instituted a suit for ejectment; and for arrears of rent. There was a further claim for damages at the rate of RS. 6 per day from the date the tenancy had terminated and up till the date of delivery of possession. The suit was heard and disposed of on 23th July 1946, The decree-holder and the judgment-debtor examined themselves, and they agreed to certain terms which were recorded by the learned Munsif. The order of the learned Munsif recording the terms of the compromise runs as follows:

(2.) By the compromise the defendant became liable to pay Rs. 528-5-0 as arrears of rent, and this portion of the claim has already been satisfied.

(3.) The learned Additional District Judge says that the