Mumbai Court March 1920 Judgments

Pandurang Balkrishna Golvankar Vs. Jagya Bhau Bhagat

Court: Mumbai

Reported in: AIR1921Bom411; (1920)22BOMLR1120

Norman Macleod, Kt., C.J.1. A decree was passed in Civil Suit No. 84 of 1906 by which it was ordered that the defendant should give to the plaintiffs sweet paddy Khandis 121/2 in the lump (maunds 245 or Rs. 490-0-0 as its price at the rate of Its. 2 per maund) by instalments commencing in 1907. The decree further directed that in case any two instalments were not paid, the whole decree should be executed at once. The decree-holder filed an application for execution on the 10th September 1917 alleging that the nine instalments from 1907 to 1915 had been paid to him regularly in January of each year as they fell due, and that as two instalments of 1916 and 1917 had not been paid, he asked that the whole decree should be executed. The judgment-debtor denied having made any payments at all, and as none of the alleged payments of the nine instalments had been certified to and recorded by the Court, the question arose whether the Court executing the decree could take notice of the alleged pa...