JUDGMENT

1. This execution of decree appeal arises under the following circumstances. The decree-holder filed a suit for recovery of Rs. 12,656-5-0 on the basis of a hundi against the judgment-debtor respondent. The suit ended in a compromise. There were two other defendants who were discharged from the suit. In order to appreciate the terms of the compromise and the dispute in the present appeal it is necessary to set out the entire compromise which is as follows:

Para 1. That it has been settled between the plaintiff and defendant 1 that, in lieu of the entire demand under the hundi in suit and also in respect of the costs of the suit, defendant 1 would he responsible for the payment of Rs. 13,550 out of which Rs. 100 he would pay on returning to his house within 6 days and the remaining amount of Rs. 13,450 would be paid in the manner, that in lieu of the said sum of money, defendant 1 would sell, partly or wholly his zamindari share situate at village Kobhini, parganah Bhagwantnagar, Tahsil Purwa, to the plaintiff in proportion to the sum of money required to be paid.

That in case the entire share of defendant 1, situate in the said village, he insufficient for said payment of the said sum of money, defendant 1 would sell his zamindari share at village Panai, Parganah Bhagwantnagar and other villages, to the plaintiff in lieu of the outstanding demand. That in respect of the rate of purchase of the said shares it has been settled that whatever nett profits be in respect of the shares of the said zamindari in accordance with the village documents for 1340-F, i.e. whatever be the amount for the rental or nikasi at present in accordance with the entries in the Khetauni for 1340 F Out of that amount, after deducting the remission amount, the present malguzari amount and after deducting the remission for 1340 F. and the amounts in respect of cesses, whatever be left, on that remainder, the price be fixed at 3 per cent. rate.

Para. 2. That defendants 2 and 3 be exonerated from the claim but neither the said defendants costs of the suit will be made due from the plaintiff nor any costs of the plaintiff's suit will be found payable by the said defendants.

Para. 3. That the sale deed, in respect of the said zamindari shares, would be got registered in favour of the plaintiff by defendant 1 within 10 days and thereafter, having delivered the possession and occupation of the zamindari shares sold to the plaintiff, defendant 1 would get the mutation of names effected at once in the name of the-plaintiff and the plaintiff would be entitled to realize the rent and income of the zamindari share sold respecting Rabi 1340 F. And from the date of the sale all the rights, in respect of the property sold, shall accrue to the plaintiff.

Wherefore, having filed this application, under Order 23, Rule 3, Civil P.C., the parties pray that the suit be decided in accordance with the terms of this compromise.

2. On the back of the said compromise the Court on 29th March 1933 passed the following order: "Suit for Rs. 13,550 against defendant 1 decreed in terms of this compromise, Rule 1, Order 20, Rule 3, Order 23, Civil P.C."

3. There is a note at the foot of the compromise by the Court dated 31st March 1933 to the effect that it was made part of the decree. A decree was prepared and the operative part of it is:

It is ordered and decreed that the suit for Rupees 13,550 out of the claim and the costs of the suit be decreed in terms of the compromise against defendant 1. The compromise is made part of the-decree: Order 20, Rule 1, Order 23, Rule 3, Civil P.C.

4. On 20th March 1936 the decree-holder applied for execution of the decree praying that the sale deeds of the zamindari shares be got executed by the judgment-debtor and the same be got registered and if the judgment-debtor does not comply with the order then the Court should itself execute the sale deeds of the zamindari shares agreed to be sold. It was alleged in this application that a sum of R