BENODE LAL PAKRASHI Vs. BRAJENDRA KUMAR SAHA

JUDGEMENT

(1.) This is an appeal by the judgment-debtor.

(2.) The decree-holders obtained a decree which was for the sum of Rs. 29,000 odd in the year 1887. The amount of the decree was payable in ten instalments, the last of the instalments covering the sum of Rs. 4,189. It appears that all the nine instalments were duly paid up, and execution was taken out for the last instalment of Rs. 4,189. To this execution two objections were raised by the judgment-debtor, the first being that before the decree in question was passed, it had been agreed between the parties that in the event of the judgment-debtor paying up in due time the first nine instalments, the decree-holders would net enforce the last instalment; and, secondly, that the judgment-debtor had paid into the hands of the decree-holders the sum of Rs. 2,500 in the year 1884 on account of the claim which the latter had against the judgment-debtor, and that therefore the decree-Holders were not entitled to execute the decree for the Bum of Rs. 1,189, and that, if they be held entitled to obtain any relief, they were bound to give credit for the sum of Rs. 2,500 paid to them in the year 1884.

(3.) The Court below has negatived both the objections, and hence the judgment-debtor has appealed to this Court, the learned Vakil for the appellant contending that the objections raised by the judgment-debtor in the Court below ought to have been given effect to.