Ramappaya Vs. Charda Bhatta

Ramappaya vs Charda Bhatta

Type Court Judgment Court Chennai Decided Aug 05, 1910

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Citation: sooperkanoon.com/797394
Court: Chennai
Judge: Wallis and ;Krishnaswami Aiyar, JJ.
Decided On: Aug 05, 1910
Subject: Civil

Case Summary

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

Decree - Conditional on payment of money--Execution--Three years from the date of decree--Limitation. -

Key legal issue: Civil

Parties & Advocates

Appellant / Petitioner

Ramappaya

Respondent

Charda Bhatta

Legal References

Cases Referred: Chhedi v. Lalu
Reported In: 7Ind.Cas.568

Excerpt

decree - conditional on payment of money--execution--three years from the date of decree--limitation. - 1. the decree directs the defendant to surrender the garden, on the plaintiff paying him rs. 767 for improvements. he might have paid this at any time after the decree, and his application for delivery more than three years from the date of the decree is, therefore, time-barred. we agree with the observations of this court in rangiah gounden & co. v. nanjappa row 26 m. 780 : 13 m.l.j. 412., and are not prepared to follow the decision of the allahabad high court in chhedi v. lalu 24 a. 300 : 60 a.w.n. (1902). this appeal is dismissed with costs.

Full Judgment

1. The decree directs the defendant to surrender the garden, on the plaintiff paying him Rs. 767 for improvements. He might have paid this at any time after the decree, and his application for delivery more than three years from the date of the decree is, therefore, time-barred. We agree with the observations of this Court in Rangiah Gounden & Co. v. Nanjappa Row 26 M. 780 : 13 M.L.J. 412., and are not prepared to follow the decision of the Allahabad High Court in Chhedi v. Lalu 24 A. 300 : 60 A.W.N. (1902). This appeal is dismissed with costs.

Same Parties Ramappaya vs Charda Bhatta Same Subject Civil Same Judge Wallis and ;Krishnaswami Aiyar, JJ.

Civil