MAUNG SIN Vs. MA TOK

JUDGEMENT

(1.) CARSON , J 1. The respondent, who is the wife of the appellant, on the 30th September 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 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 the 8th October 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 learned District Judge before whom the case was first tried held that as the payments alleged, even if made, had not been certified, they could not be recognized by the Court, and that therefore, as no payment had been made from the date of the decree to the date of the claim for execution, such claim was barred by the Limitation Act.