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Ghanshiam Singh Vs. Daulat Singh - Court Judgment

LegalCrystal Citation
SubjectContract
CourtAllahabad High Court
Decided On
Judge
Reported in(1896)ILR18All240
AppellantGhanshiam Singh
RespondentDaulat Singh
Excerpt:
.....of 1881 (north-western provinces rent act), section 34, clause (a) - act no. ix of 1872 (indian contract act), section 73--thekadar--liability of defaulting thekadar to pay interest. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed.....john edge, kt., c.j. and aikman, j.1. the only question in this appeal is: is the plaintiff entitled to have interest upon the rent decreed to him? the defendant being a thekadar, clause (a) at section 34 of act no. xii of 1881 did not apply. the non-application of clause (a) of section 34 did not exempt the thekadar from his liability under section 73 of the indian contract act of 1872. illustration (w) of section 73 shows that where a person breaks his contract to pay another a sum of money on a day certain or specified, he is liable for the principal sum due together with interest up to the day of payment. we decree the appeal with costs, and restore the decree of the first court with costs in all the courts.
Judgment:

John Edge, Kt., C.J. and Aikman, J.

1. The only question in this appeal is: Is the plaintiff entitled to have interest upon the rent decreed to him? The defendant being a thekadar, Clause (a) at Section 34 of Act No. XII of 1881 did not apply. The non-application of Clause (a) of Section 34 did not exempt the thekadar from his liability under Section 73 of the Indian Contract Act of 1872. Illustration (w) of Section 73 shows that where a person breaks his contract to pay another a sum of money on a day certain or specified, he is liable for the principal sum due together with interest up to the day of payment. We decree the appeal with costs, and restore the decree of the first Court with costs in all the Courts.


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