RAJENDRA NATH MITTAL, J.

1. Briefly the facs are that Ram Saran, the father of the plaintiff, died on 8-11-1966. The defendant got the mutation of the land sanctioned in his favour on the basis of a will alleged to have been executed by Ram Saran in his favour. The plaintiff challenging the execution and validity of the will, filed a suit for possession which was contested by the defendant. He controverted the allegations of the plaintiff and alleged that the will was duly executed by Ram Saran deceased in his favour in lieu of services.

2. The trial Court held that Ram Saran executed a valid will in favour of the defendant. Consequently it dismissed the suit. On appeal by the plaintiff the first appellate Court affirmed the judgment and decree of the trial Court and dismissed the same. In second appeal to this Court a compromise was effected between the parties according to which it was agreed that an amount of Rupees 15,000.00 would be paid by the respondent to the appellant in instalments and in case he failed to pay any of the instalments, the suit of the plaintiff would stand decreed. The matter was listed be fore me and I, in accordance with the compromise, passed the