JUDGMENT :

BANERJI, J.

This appeal arises out of an application for an order absolute for sale under section 89 of the Transfer of Property Act. The decree in the case was passed upon a compromise which provided that the amount of the decree should be paid by instalments of Rs. 150 each in the month of June of each year commencing from the year 1900. The compromise further provided that in the event of failure to pay the amounts of two consecutive instalments the decree-holder would be entitled to recover the whole of the balance due without waiting for future instalments. What happened in this case was this. The judgment-debtor did not pay the first instalment which was due in June 1900, but in 1901, 1902 and 1903 he paid into Court three instalments of Rs. 150 each. The decree-holder has given him credit for the first three instalments, and as the fourth and fifth instalments were thus due on the 5th of July, 1904, the date on which he made his application, he prayed that an order absolute be made in his favour for the balance due under the decree, the judgment-debtor not having complied with, the terms of the compromise. The judgment-debtor objected that as at the time of payment