Wanchoo, C.J.—This is an appeal by Ganeshilal judgment debtor in an execution proceeding and has arisen in the following circumstances.

2. A suit was brought by Ramgopal now deceased, and his sons Bhanwarlal and Gordhan against Ganeshlal, and two others, for a sum of Rs. 46,593/10/9. There was prayer for attachment before judgment of the immovable peoperty of Ganeshilal, and an interim injunction was issued to Ganeshlal forbidding him from alienating his share in a certain house. Before this interim injunction was confirmed, the parties compromised the suit, and a decree for Rs. 32,000/- was passed against the three defendants including Ganeshlal. The decree, among other terms provided for payments of five instalments of the entire decretal amount. It was also provided that in case of default of even one instalment, the decree-holders would be entitled to realize the entire decretal amount with interest. There was also a provision creating a charge on the share of Ganeshlal in a house in the city of Udaipur.

3. The first instalment was due on the 31st of July, 1952, but nothing was paid. In view of this default, the decree-holders applied for execution on the and of September, 1952,

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