Judgement

Mahajan J.- These are two cross-appeals from the decision of the High Court at Calcutta in its appellate jurisdiction, dated 17-2-1947, modifying the order of the Subordinate Judge of Howrah in Title Execution Case No. 68 of 1936.

2. The litigation culminating in these appeals commenced about thirty years ago. In the year 1923, one Durga Prasad Chamria instituted a suit against the respondents, Radha Kissen Chamria Motilal Chamria and their mother Anardevi Sethani (since deceased) for specific performance of an agreement for sale of an immovable property in Howrah claiming a sum of Rs. ll,03,063-8-3 and other reliefs. The suit was eventually decreed on compromise on 19-4-1926. Under the compromise decree the plaintiff became entitled to a sum of Rs. 8,61,000 from the respondents with interest at 6 3/4 per cent. with yearly rest from the date fixed for payment till realization. Part of the decretal sum was payable on the execution of the solenama and the rest by installments within eighteen months of that date.

3. Within fifteen months from the date of the decree a sum of Rs. 10,00,987-15-6 is said to have been paid towards satisfaction of it. No steps were taken either by th