S TEJA SINGH Vs. BHULA RAM & ANR

JUDGEMENT

(1.) This is an appeal against the judgment and decree of the High Court of Judicature Jammu and Kashmir dated Magh I, 1999, by which it affirmed the judgment and decree of the Subordinate Judge of Jammu. Dated Jeth 14,1999, in an execution case.

(2.) On Bhadoon 24,1985 a decre was made in favour of the respondents against the appellant in a suit under section 10 of the Agriculturists Relief Act. This decree provided for a payment of Rs. 12,000 and certain costs by six monthly installments of 500 rupees each and carried a future interest at the rate of 6 per cent. The decree also provided that a sum of Rs. 535 shall be payable as court fee by the decree-holder' before execution is taken out of the decree.

(3.) Default was made in payment of installments due under this decree and on Maghar 12,1988, an application was made for execution of the decree by which six installments aggregating to a sum of Rs. 3,000 were sought to be recovered together with a further sum for interest and costs on this application a court fee of Rs. 150 was paid by the decree-holder as the proportionate amount of the court fee due on the sum of Rs. 3,000 which was sought to be recovered in execution. On Saw an 7, 1980,, a compromise was arrived at in the above execution which provided for the payment of a sum of Rs. 13,500 by the judgment-debtor to the decree holders for all claims up to date which sum was to be paid in certain specified installments and was to carry an interest of 4-8-0 per cent, per annum.