JUDGMENT

1. Nim Chand, who is defendant 1, in the suit in which the appeals arise, instituted a suit (Money Suit No. 78 of 1932) against three persons, Sorab, Habib Ulla and Nasib, to recover money said to be due on a promissory note. During the pendency of the suit, he attached before judgments lots Nos. 1 to 41 described in the plaint of the suit we have before us. That suit was ultimately decreed for RS. 3500 against Nasib only and was dismissed against Sorab and Habib Ulla. Nim Chand started execution proceedings (NO. 341 of 1935) against Nasib. He attached more properties--lots Nos. 42 to 63--as belonging to Nasib. He alleged that the properties which he had attached before judgment as well as these properties belonged exclusively to Nasib. Sorab and Habib Ulla filed claims in the execution proceedings, stating that some of the properties attached belonged to them exclusively and in the rest they had shares. Those claims being dismissed they filed a title suit against Nim Chand and Nasib being No. 260 of 1935 under Order 21 Rule 63, Civil P. C. The execution proceedings were not, however, stayed. That suit was compromised on 30th October 1935 and on the same day a written agree