Judgment

HIDAYATULLAH, J. : This appeal by special leave has been filed by one Munshi Ram, a judgment-debtor, against whom a decree based on a compromise, following an award by an arbitrator, is sought to be executed. The respondents are the decree-holders. The appeal is directed against a common judgment and decrees of the Punjab High Court dated November 26, 1952 in two appeals under the Letters Patent (Nos. 5 and 11 of 1952) by which the orders of a learned single Judge of the High Court in Execution First Appeals Nos. 56 and 121 of 1951 were confirmed. The present appeal is, however, confined to the decision in L. P. A. No. 11 of 1952. To understand what these orders were, and also the point involved in this appeal, a somewhat long narration of facts is necessary.

2. The following genealogy gives the relationship of the parties :

Munshi Ram was adopted by Mangalsain, when the former was live or six-years old. Mangalsain was separate from the other branch.

3. There was a firm known as Kanhyalal & Sons, consisting of Kanhayalal and his two sons. The affairs of the firm fell on evil days. We are, however, not concerned with it, Munshi Ram had, on the other hand, started another conce