Manavikraman Vs. Moyankutti

Manavikraman vs Moyankutti

Type Court Judgment Court Chennai Decided Sep 02, 1903

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https://sooperkanoon.com/case/776986

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Citation: sooperkanoon.com/776986
Court: Chennai
Decided On: Sep 02, 1903
Subject: Property;Civil

Case Summary

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

- - 1. The decree of the Subordinate Judge is clearly wrong, The Judgment-debtor gets no option under a decree for the return of moveable property.

Key legal issue: Property;Civil

Parties & Advocates

Appellant / Petitioner

Manavikraman

Respondent

Moyankutti

Legal References

Reported In: (1903)13MLJ444

Excerpt

- - 1. the decree of the subordinate judge is clearly wrong, the judgment-debtor gets no option under a decree for the return of moveable property.1. the decree of the subordinate judge is clearly wrong, the judgment-debtor gets no option under a decree for the return of moveable property. the money amount inserted in the decree is inserted under section 208 of the civil procedure code which requires that an amount of money should be inserted in the decree as an alternative if delivery cannot be had. it is therefore only when after putting in force section 259 of the c.p.c. it is found that it is impossible to obtain the property ordered to be delivered that the alternative amount in the decree comes into operation.2. we set aside the decree of the subordinate judge and restore that of the district munsif with costs in this and in the lower appellate court.

Full Judgment

1. The decree of the Subordinate Judge is clearly wrong, The Judgment-debtor gets no option under a decree for the return of moveable property. The money amount inserted in the decree is inserted under Section 208 of the Civil Procedure Code which requires that an amount of money should be inserted in the decree as an alternative if delivery cannot be had. It is therefore only when after putting in force Section 259 of the C.P.C. it is found that it is impossible to obtain the property ordered to be delivered that the alternative amount in the decree comes into operation.

2. We set aside the decree of the Subordinate Judge and restore that of the District Munsif with costs in this and in the lower appellate Court.

Same Parties Manavikraman vs Moyankutti Same Subject Property;Civil

Property;Civil