SARADA PROSAD GHOSE Vs. ROKEYA KHATUN BIBI

JUDGEMENT

(1.) This is an appeal from a judgment of the Subordinate Judge of Burdwan whereby he affirmed a decision of the Munsif of the third Court at Burdwan.

(2.) The facts out of which these proceedings arose are stated by the learned Munsif in the early part of the judgment which he gave on January 15, 1934.

(3.) The present appellant Sarada Prosad Ghose had made an application under Section 47 of the Civil P. C.. The present respondent Rokeya Bibi had obtained a decree against the appellant for a certain sum for rent. The decree was dated July 26, 1930, and that decree was put to execution, and proceedings which were described as Rent Execution Case No. 252 of 1930 in the Court of the Munsif at Burdwan, were started. Subsequently, on August 13, 1930, there was an agreement between the parties as to the method in which the decree was to be satisfied, or to put the matter in another way, there was an adjustment of the decree. By that agreement the amount due under the decree was made payable by certain instalments, and there was a provision in the agreement, for payment of interest at a certain rate. It also contained a provision that if the judgment-debtor failed to pay any instalment in proper time, the decree-holder would be entitled to realise the whole amount by means of execution proceedings.