Judgement

BACHAWAT, J. : -The appellant instituted a suit in the Court of the Civil Judge, Mohanlalganj, Lucknow against the respondent and his brother, Amir Ali Khan, claiming a decree for Rs. 41,500. The suit ended in a compromise. On March 24, 1953, the suit was decreed in terms of the compromise. Under the decree, Amir Ali Khan was liable to pay Rs. 16,500 within a year. He discharged his liability by paying this amount. The decree directed the respondent to pay within six months Rs. 22,500 carrying interest at 6 per cent per annum. The respondent failed to pay the decretal amount. On May 23, 1954, the appellant took out execution for Rs. 24,150 and attached Iqbal Manzil.The application for execution was filed in the Court of the Civil Judge, Mohanlalganj, Lucknow. The execution proceedings ended in compromise. The appellant agreed not to execute decree for two months. The respondent agreed to pay within two months Rs. 24,150 with interest at 1 per cent per month until realisation. In default of payment, the appellant was authorised to realise the amount due under the compromise in execution proceedings. The parties agreed that in the meantime Iqbal Manzil would continue to rema