B. Mukerji, J. - (1.) This is an execution First Appeal arising out of an execution initiated in the court of the Civil Judge, Allahabad. The execution matter was numbered as 44 of 1958. The decree-holder who applied for execution was the appellant before us, namely, Sri Surendra Narain Agarwala. The judgment-debtors against whom execution was sought, were Sri Om Narain Agarwala, Sri Hari Narain Agarwala, Sri Badri Vishal Agarwala, Smt. Uma Devi and Smt. Rama Devi. The first three were the sons of the late Sri Kartar Narain Agarwala while the next two were the daughters of the said Sri Kartar Narain Agarwala. The dispute out of which this Execution First Appeal has arisen was between an uncle, the decree-holder, on the one hand and his three nephews and two nieces on the other hand.
(2.) One Sri Girdharilal Agarwala, who was a practitioner of this Court, had two sons, Sri Kartar Narain Agarwala and Sri Surendra Narain Agarwala. The respondents are the progeny of the late Sri Kartar Narain Agarwala. Unfortunately, during the lifetime of Sri Girdharilal Agarwala, disputes arose between him and his sons which were settled by an arbitration award made by two members of the same community to which the parties belonged, namely, Shri Sridhar Agarwala and Sri Piareylal Agarwala. The award was given on the 10th of August, 1943. There were some objections to the award but fortunately the parties came to a settlement in regard to their dispute centring round the award and the award was on the consent of the parties slightly modified on the 14th of October, 1943, and this modified award was made a rule of the Court on the 16th of May, 1944.
(3.) Sri Girdharilal Agarwala died on the 30th of July, 1955 and Sri Kartar Narain Agarwala died on the 15th of October, 1956, and the question which has arisen for our determination arose out of one of the provisions which was incorporated in the decree dated the 14th of May, 1944. The relevant provision was in these words:- "After Lala Girdhari Lal's death, Kartar Narain and his branch shall become the full owner of bungalow No. 18, Lowther Road, Allahabad as well and shall pay to Surendra Narain and his branch Rs. 12,500 (Twelve thousand and five hundred rupees) within two years of such events with forty rupees per month so long as the money is not paid, the maximum period being of two years.";