BINDESWARI KOER Vs. AWADH BEHARY LAL

JUDGEMENT

(1.) In this case a decree was passed on the 12 May 1897 for the partition of certain trees and for the construction of a pucca water-channel by the defendant.

(2.) The first application for execution was made on the 12 May 1900. In the course of that application, there was on the 24 November 1900 an application by the decree-holder and the judgment-debtors in which both parties agreed that they would have the matters directed under the decree done in private. Besides there was a prayer by the decree-holder to have his name substituted in place of certain others whose interests had ceased. Upon that application the execution was struck off on the 1 December 1900.

(3.) The next application for execution was made on the 23 November 1903, that is, just within three years of the application of the 24 November 1900. During the pendency of the second application the parties again entered into a compromise.