Judgement

Appeal and cross-appeal from a judgment and decree of the High Court (June 11 and August 26, 1915), which partly affirmed and partly reversed a decree of the Subordinate Judge of Rungpur.

The suit was brought by the first respondent against the appellant and the second respondent. The plaint prayed for (1.) a decree directing the first defendant to pay to the plaintiff Rs. 89,346, with

01 Law Rep. 42 Ind. App. 272 ( 1914- 1915) Sunitabala Debi V. Dhara Sundari Debi Chowdhurani

102

interest, (2.) that upon failure to pay within the time fixed by the Court, an 8 annas share of properties mortgaged by a bond dated March 5, 1907, be sold, and the whole of the plaintiffs dues realized, with necessary accounts, (3.) that if the whole amount due to the plaintiff should not be realized a decree against defendant No. 1 to pay the balance.

The facts and the effect of the decisions below appear from the judgment of their Lordships.

The mortgage of March 5, 1907, recited the circumstances of the pending litigation, and that by the agreement of January 16, 1907, in settlement of all litigation between the parties they had agreed " that in consideration of the sum of Rs. 1,60,000 to be