Narayanaswami Naidu, the defendant-judgment-debtor in O.S. No. 1221 of 1953 on the file of the District Munsif, Coimbatore is the appellant herein.

The material facts necessary for the disposal of this appeal lie in a short compass. One Damodaraswami Naidu filed the suit O.S. No. 1221 of 1953 referred to above against the appellant herein for recovery of a document, viz., an agreement to reconvey executed by the appellant in his favour. A sum of Rs. 2,000 had to be paid for, for enforcement of the agreement to reconvey. The suit was decreed as prayed for and, in execution of that decree, Damodaraswami Naidu sought to attach the appellant’s properties and obtained a successful order therein. Thereupon the appellant filed C.M.A. No. 127 of 1960 before the first appellate Court, and a compromise was entered into and a joint memo. was filed whereby it was agreed that the executing Court might fix the sum payable to Damodaraswami Naidu as compensation under the provisions of Order 21, rule 31, Civil Procedure Code, for non-delivery of the agreement of conveyance. The executing Court fixed the compensation Rs. 2,000 but it was reduced on appeal by the Subordinate Judge to Rs. 25