Reuben, J.

1. This appeal by the plaintiffs has been filed in the following circumstances.

2. The plaintiffs are members of a joint Hindu family. Braja Nath Marwari, a former karta of the joint family, filed Money suit No. 753 of 1928 against Ram Chandra Singh Modak and others. Daring the pendency of the suit, under the provisions of Order 38 of the Civil P. C., he obtained attachment of three villages Dhargram, Aria and Ramadih, belonging to the Modaks. The attachment was effected on 15-7-1928. On 14-10-1928, the suit was decreed on compromise, the plaintiff getting a decree for Rs. 1,700 payable in certain instalments. The petition of compromise which was made part of the decree contained a provision :

"That on the defendants failing to pay other instalments by the due date the whole of the unpaid balance of the decretal amount shall fall due and shall be realised by execution with interest thereon at 12 per cent. per annum from the date of default till realisation of the said sum, by sale of the attached property. The order of the attachment before judgment to subsist till the decree money is not satisfied."

The decree was put in execution in the year 1930 and the three