Cornish, J.

1. The decree-holder is the appellant. He brought a suit on a promissory note executed by defendant 1, he being the younger brother of defendant 2. The suit was alone contested by defendant 2, but it ended in a compromise. This compromise was embodied in a decree and runs as follows:

That if, out of the suit amount of Rupees 1,383-12-4, the sum of Rs. 800 is paid in two months from this date by the defendants to the plaintiff, that is, on 24th April 1933, in cash, the plaintiff shall give up the remaining suit amount and costs of the suit; that, in case the defendants fail to so pay the sum of Rs. 800 to the plaintiff on 24th April 1933, the plaintiff shall recover the suit amount or Rs. 1,383-12-4 only from the defendants from their moveable and Immovable properties in execution proceedings with execution costs and that as regards the costs in this suit, the plaintiff shall give up his costs and the defendants shall give up their costs.

2. The sum of Rs. 800 was not paid on 24th April 1933; but on that day defendant 1 was allowed by the Court to pay Rs. 500 and was given time up to 3rd May 1933 to pay the balance of Rs. 300. As a matter of fact, he paid the balanc