MAUNG SIN Vs. MA TOK

JUDGEMENT

(1.) The respondent, who is the wife of appellant, on September 30, 1916, obtained a decree in the District Court of Sagaing in terms of an award which had been previously made by which certain properties contained in a list attached to the award and the decree were to be left in possession of the appellant (defendant), who was to pay to the respondent (plaintiff) annually a sum of Rs. 2,000 in the month of Kason, or in default of payment of the same (Rs. 2,000 annually) the said property contained in the said list would be made over to the plaintiff-respondent. It appears that after the making of the decree the parties lived together until the year 1923, when they separated.

(2.) On October 8, 1924, the respondent filed an application in the District Court of Sagaing for execution of the decree against the appellant in default of payment of two instalments of Rs. 2 000 each for the years 1923 and 1924 respectively, and claimed, as the judgment debtor failed to pay according to the decree, that the Court might direct the delivery of the lands in the said list by the judgment debtor to the decree-holder, the respondent.

(3.) The respondent also filed an application rendering an account of the sums alleged to have been received by her, in pursuance of the decree, up to May, 1922, and requesting that this might be noted in Court. The appellant, however, denied that he had ever made any annual payments, and pleaded that the execution of the decree was time-barred, and also alleged that even if the payments had been made, they could not be recognised by the Court because they had not been certified within the time limit of the Court under Order XXI, Rule 2.