MT. KAWTIKABAI Vs. BACHRAJ JAMANLAL

JUDGEMENT

(1.) IN Civil Suit No. 16 of 1927 on the file of the Additional District Judge, Wardha, respondent 1 had sued the appellant and the other two respondents in respect of certain debts. After a good deal of contest the parties effected a compromise whereby the defendants agreed to pay Rs. 55,000 with future interest thereon at Rs. 9 per cent per annum in 7 annual instalments. Other terms regarding repayment are set out in great detail in an application of the parties presented to the Court on 22nd April 1930 praying that a decree be passed in accordance with those terms. Three of the principal terms of the compromise with which we are concerned in this appeal are embodied in paras. 7, 8 and 9 of the said application which run as under:

(2.) IN default of any two instalments in whole or in part, defendants shall be liable to pay the entire amount is a lump sum and when the lump payment falls due, intetest shall run at 1 per cent per mensem only.

(3.) PLAINTIFF 's decree as stated above shall be a charge on the defendant's said property, and if the decree is not satisfied, the plaintiff shall have a right to recover the amount by sale of the property subject to the charge, and a right to realize deficit, if any, from the defendants' other property.