SITAL SINGH Vs. BAIJNATH PRASAD

JUDGEMENT

(1.) This is an execution second appeal arising under the following circumstances:

(2.) A compromise decree was passed on the 14 of August 1917 in favour of Purnanand and Bhagwan Ram against Sital Singh and others, judgment-debtors, under which Rs. 2,950 were to be realized by sale of certain hypothecated property, but in case the judgment-debtors paid Rs. 2,500 to the decree-holders within three months of the date of the decree, the judgment-debtors and their property would be released from all liability under the decree of, in other words, the decree for sate would cease to exist.

(3.) On the 30 November 1918 the present application was put in by Baijnath, a transferee of the decree from the original decree-holders, for a decree absolute for Rs. 850, the balance alleged to be due under the decree on the allegation that the judgment-debtors had already paid Rs. 2,100. The judgment-debtors preferred an objection to the preparation of the decree absolute on the ground that they had paid the whole amount of the decree in the following manner:--They had paid Rs. 25 to the original decree-holders on the 6 of November 1917, that is, within the three months allowed by the decree and obtained an extension of time up to the 2 December, 1917 to pay the balance and that on the 29 of November 1917, that is, within the extended time allowed by the decree-holders, they paid Rs. 2,500 to them, and thus the whole decree was satisfied in the manner agreed upon between the parties. This objection was allowed by the learned Subordinate Judge and the respondent's application for preparation of a decree absolute was dismissed.