Mt. Purnama Devi Vs. Ram Prasad and anr.

Mt. Purnama Devi vs Ram Prasad and anr.

Type Court Judgment Court Allahabad Decided Dec 03, 1928

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Citation: sooperkanoon.com/472333
Court: Allahabad
Decided On: Dec 03, 1928
Subject: Property

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Property

Parties & Advocates

Appellant / Petitioner

Mt. Purnama Devi

Respondent

Ram Prasad and anr.

Legal References

Reported In: AIR1929All266; 118Ind.Cas.378

Excerpt

- 1. this appeal raises a question which has very recently been decided by one of us sitting with another judge of this court (e.f.a. no. 332 of 1926, decided on 15th november 1928). the question is, when a decree-holder is allowed to purchase the property ordered to be sold on condition that he would purchase it in full satisfaction of the decree, whether he is entitled to recover from the judgment-debtor any money that he has to pay by way of poundage. it was held in the case mentioned above that the decree-holder must pay poundage as part of the costs of the execution of the decree. we think that this view is correct, and we accordingly dismiss the appeal.

Full Judgment

1. This appeal raises a question which has very recently been decided by one of us sitting with another Judge of this Court (E.F.A. No. 332 of 1926, decided on 15th November 1928). The question is, when a decree-holder is allowed to purchase the property ordered to be sold on condition that he would purchase it in full satisfaction of the decree, whether he is entitled to recover from the judgment-debtor any money that he has to pay by way of poundage. It was held in the case mentioned above that the decree-holder must pay poundage as part of the costs of the execution of the decree. We think that this view is correct, and we accordingly dismiss the appeal.

Same Parties Mt. Purnama Devi vs Ram Prasad and anr. Same Subject Property

Property