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1933 Supreme(Mad) 91

WALSH
K. P. Ganapathy Iyer – Appellant
Versus
K. P. Subramania Iyer – Respondent


JUDGMENT

Walsh, J.

1. The appellant is the judgment-debtor in this case and the matter arises in the execution of a compromise decree. Plaintiff 1 and defendant 1 are brothers and in a suit for partition a decree was drawn up in accordance with the compromise between them. The suit turns upon the construction of para. 3 of this compromise decree relating to the properties in Kottekkad. The paragraph has been translated as follows:

It has been settled that out of the abovementioned properties the house at Kumarapuram gramom should be taken for the share No. 1 out of us, that the properties in Kollengode and Mangalam areas should be partitioned by both the persons equally, and that the revenue and michavaroms in respect of the said properties should be borne equally; and since the obsequies of our grandmother deceased Subbammal Ammal were conducted by No. 2, No. 1 has of his own free will, agreed and settled that in respect of the Sradhams (death anniversaries), etc., of the said grandmother and of grandfather deceased Venkatasubba Ayyar, 100 paras of paddy should be credited to No. 2 from the share of 285 paras of paddy belonging to No. 1 out of 570 paras of paddy that is left as balan











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