KANHAIYAJI, R.J.BAHADUR
Mahabir Dass – Appellant
Versus
Motibhai Narsibhai Patel – Respondent
Kanhaiyaji, J.
1. Both the appeals arise out of Money Execution Case No. 2 of 1966 pending in the Court of the First Additional Subordinate Judge, Bhagalpur. They were heard together, and this judgment will govern both of them.
2. The decree-holder-respondent filed a money suit for the realisation of arrears of price of tobacco and bidi leaves sold to the judgment-debtor appellants. The said Money suit No. 156 of 1954/16 of 1958 was decreed in terms of the compromise on the 30th September 1958. The suit was decreed for a sum of Rs. 52,600/- with future interest at the rate of six per cent per annum till realisation. The decretal amount was to be paid by instalments, and in default of payment of any instalment the entire remaining decretal amount was made payable. The properties detailed in the compromise petition, which were attached before judgment, were made subject to first charge for the decretal amount, interest and cost of execution. The attachment, which had been effected under Order 21, Rule 54 of the Code of Civil Procedure, was made absolute, and the declaration of first charge was made by way of security for the realisation of the decree money. The judgment-debto
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