BALWANT SINGH Vs. MANAK MAL

JUDGEMENT

(1.) THESE are two connected appeals arising out of an execution proceeding. The facts which have given rise to them are these : manak Mal respondent No. 1 obtained a simple money decree for Rs. 23,999/- on 8-5-1939 against Askaransingh and his yon Kansingh. This decree was put into execution several times and some amount was realised. Ultimately the decree-holder and the judgment-debtors entered into a compromise on 12-2-1944. A sum of Rs. 8,000/- was paid in cash and balance of Rs. 9,500/- remaining unrealised was ordered to be paid in 10 yearly instalments beginning from Chait Sud 15th, Smt. 2001. The first nine instalments were to be of Rs. 1,000/-each and the last instalment of rs. 500/ -. If the instalments were paid regularly on the due dates, then no interest was payable. But if there was any default in the payment of any instalment, then the decree-holder was entitled to recover interest on it at 6 per cent per annum simple. The last instalment was to be paid on 18-4-1954 according to the English Calendar.

(2.) NO payment was, however, made by the judgment-debtors voluntarily in accordance with the above compromise. The decree was put in execution to recover instalments again and again. A sum of Rs. 700/- was recovered on 24-347. Another execution application was filed on 5-3-48. A sum of Rs. 2,000/-was recovered on 22-8-49 and the application was dismissed on 26-8-1949.

(3.) THE next execution application was filed on 8-11-1949. Both Askaransingh and kansingh were alive at that time and it was filed against them. Then Kansingh died leaving Smt Moong Kanwar as his widow who was brought on record as the legal representative of Kansingh in the next execution application dated 2-8-1950. Another execution application was filed on 28-4-51 against Askaransingh and kansingh's widow. It was dismissed on 16-5-51 after realising Rs. 1,400/- on 15-5-51. Another execution application was made on 19-5-51 against Askaransingh and Kansingh's widow. A prayer was made to execute the decree by the sale of the Ijara of village malwara of which Askaransingh was the Jagirdar. On 25-1-52, notices were issued to the judgment-debtors to show cause why the Ijara should not be sold in execution of the decree. These notices were served but no objection was filed. On 22-3-52, the Court accordingly ordered the sale of the Ijara. Sale proclamation was issued and 10-5-52 was fixed for holding the sale. Before the Ijara could be sold, Askaransingh died on 6-4-52 and his Jagir was taken over by the Collector in the capacity of Manager, Court of Wards. On 26-7-52, the learned counsel for the decree-holder intimated to the Court that the Jagir of the judgment-debtors had been taken over by the Court of Wards.