UTTAM CHANDRA KRITHY Vs. KHETRA NATH CHATTOPADHYA

JUDGEMENT

(1.) This is an appeal from an order of the District Judge of the 24-Pergunnahs, dated the 25 July 1900.

(2.) The case, out of which the appeal arises, is an execution ease. The respondent in this appeal had obtained a decree and, in execution of his decree, certain property belonging to the appellant was sold. The sale was confirmed. The decree- holder took possession on the 16 of August, 1899. Then the judgment-debtor put in an application for the setting side of the sale on the ground of irregularity and fraud. The application was contested and, on the 16 of December, 1899, the judgment-debtor put in a compromise petition to which the decree-holder consented, and it was agreed that the judgment-debtor should have time up to 6 of February, 1900, to pay up the full decretal amount, and that then the sale should be set aside; but that if he failed, the sale should stand good. On the 6th February, 1900, the judgment-debtor paid a portion of the money and obtained further time to pay the balance. This balance he tendered on the 21 February, 1900, but the decree-holder refused, to accept it. The Munsif, on the 10 March, 1900, tried the case on the merits and set aside the sale.

(3.) The decree-holder appealed against that order to the District Judge, who held that the judgment-debtor was bound by his compromise of the 16 of December, 1899, and that it was not open to him to contest the legality of the sale.