1. Two brothers, residing under the same roof, are involved in this litigation over a plot of land in which their residential building is situate. Their mother was also a party in the suit as second respondent, but she bade farewell to her terrestrial terrain on 28-2-1980 without waiting to see the remaining portions of the fight between her two children. The suit was filed by the elder brother in 1977 for partition of his 1/3 share. On 18-10-1979, the parties filed a compromise petition in the suit and a decree was passed in terms of the compromise on that day itself. As the second defendant is not alive now, I shall refer to the parties as the plaintiff and defendant respectively.

2. As per the terms of the compromise, the plaintiff agreed to release all his rights and interests in the property, if the defendant pays to him a sum of Rs. 6,250/- on or before 6-2-1980, and the defendant on bis part has agreed to release all his rights and interests in the property in the event of his failure to make the payment as aforesaid and in that case the plaintiff would pay him an amount of Rs. 5,250/-. Both sides

agreed that the rights of their mother over this property would dev