Chennai Court April 1889 Judgments
Sri Manyam Maha Laksmi Ammagaru Vs. Pyda Vencatachalapathi and anr.
Court: Chennai
Decided on: Apr-05-1889
Reported in: (1896)6MLJ554
1. Section 378, Code of Civil. Procedure, refers to payment into Court during the pendency of the suit and cannot be extended to payments made into court after decree which are provided for in Sections 209 and 257, Code of Civil Procedure. Under Section 209 further interest may be decreed on the aggregate sum adjudged till date of payment or till some earlier date; and Section 257 enacts (inter alia) that the amount decreed shall be paid into court. It is not alleged that the court directed that the amount decreed should be otherwise paid and the judgment-debtor's duty was then discharged by payment into court.2. We must reverse the order of the Subordinate Judge and dismiss the plaintiff's application for further interest with costs....
Tag this Judgment!K. Virasami Chetty Vs. Ramadoss Panditar Alias Ramadoss Row
Court: Chennai
Decided on: Apr-05-1889
Reported in: (1896)6MLJ244
1. The question raised in this appeal is whether, as held by the Judge, the suit was barred by limitation. If Act I of 1876 applied, the claim would not be barred, for the period would then run from the date of the Collector's refusal in 1882. If the Collector was made a party to the suit, as suggested in 3 M.H.C.E. 134 even then, the right to sue would accrue only from the date of the Collector's refusal. Viewing the suit as one for declaration of title, the period would run not from the date of sale, but, as observed by the Judge, from the date on which the respondent denied the appellant's right. It is conceded for the appellant that each of the villages purchased by the appellant was a distinct permanently settled estate, and that it had been separately assessed prior to the purchaser.. It is contended for the appellant that Madras Act I of 1876 will only apply where what.is, sold is not an entire permanently settled estate, but only a portion which requires to be separately assess...
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