RAGHUBANS SAHAI LAL Vs. BIRJNANDAN LAL

JUDGEMENT

(1.) This second appeal has been preferred by certain persons, who hold the position of judgment-debtors, while the respondent fills the position against them, of decree-holder. The circumstances which led to the suit, out of which this appeal has arisen, are as follows:

(2.) The respondent had obtained a decree upon the 21 February 1906 for the recovery of Rs. 2.300. On the 21 of July 1906 in consequence of execution proceedings set on foot by the respondent a 4 anna share in Kaul Modipur, which belonged to the appellants, was sold and purchased by the decree-holder for Rs. 1,700; there remained, therefore, a balance still due in favour of the decree- holder.

(3.) Before the sale of the 4 anna share had been confirmed by the Court, the parties, on the 17 of August 1906, entered into an agreement whereby the decree-holder agreed to give up 1 anna share out of the 4 annas purchased by him to the appellants and also to remit the balance due; the appellants on their side agreeing to put the respondent in possession of 3 anna out of the 4 anna share purchased by him and to relinquish in his favour any rights held by them over the sir land in the 3 anna share as exproprietary tenants of the same. The decree-holder did not certify to the Court this adjustment of the decree and the appellants on the 13 November 1906 informed the Court of the adjustment and applied to it to issue a notice to the decree-holder to show cause why such adjustment should not be recorded as certified.