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1960 Supreme(All) 193

S.S.DHAVAN
MAHARANI DEVI – Appellant
Versus
RAM ADHAR PANDEY – Respondent


Advocates Appeared:
K.P.SINGH, R.B.Mishra

S. S. DHAVAN, J.

( 1 ) THIS is a decree-holders appeal against the decision of the learned Civil Judge, Gorakhpur allowing the judgment debtors objection and dismissing the application for execution. The facts of the case as revealed by the judgments of the courts below appear to be these. The appellant smt. Maharani Devi filed a suit against the two defendants respondents Rama Adhar Pandey and kedar Nath Pandey for a declaration that she was entitled, as the widow of their deceaed brother, to the rights of a Bhumidhar to the extent of one third in certain plots of land which were jointly held by her late husband and the defendants.

( 2 ) THE suit was compromised in the following terms : "the plaintiff surrendered her rights in the plots in dispute in consideration of which the defendants agreed to pay her a sum of Rs. 30/-per month, subject to the condition that the sum would be reduced by Rs. 10/- per month on the marriage of each of her two daughters". The compromise also provided that in case of the defendants failure to pay, the amount should be realised by attachment of the plots which were the subject matter of the suit. The court passed a decree in terms of the compromise o











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