Kolkata Court January 1882 Judgments

Naik Pauree and anr. Vs. Gujadhur Pauree and anr.

Court: Kolkata

Reported in: (1882)ILR8Cal528

Mitter, J.1. We think that, in this case, the judgment of the lower Appellate Court is erroneous, and must be set aside. There was a decree against the appellants before us for rent, and that decree directed, that if the amount decreed be not paid into Court within fifteen days from the date of the decree, the defendants should be ejected from the tenure. It is found by the Courts below that the amount decreed was actually brought into Court within fifteen days; but this money was not received by it, because, according to certain Departmental rules, it was to have been paid into the treasury. It is also found by the lower Appellate Court that there were no laches on the part of the judgment-debtors in complying with the Departmental rules for actually paying the amount decreed into the Government treasury. We think that this was a sufficient compliance with the decree. Where a decree directs the payment of money into Court within a limited time, it would be a sufficient compliance with...