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Mahabir Parshad and anr. Vs. Debi Dial and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1875)ILR1All291
AppellantMahabir Parshad and anr.
RespondentDebi Dial and ors.
Excerpt:
pre-emption - conditional decree. - - and if either the appellants or duliman fail to pay in the amounts within the month, the other of them making the further deposit within the time shall be entitled to the share of the defaulter.1. we accept the finding on the issue remitted, and the decree will be modified accordingly. the appellants are entitled to pay into court within one month from this decree rs. 200 and obtain a two-third share, and duliman will pay into court within the same period rs. 100 and obtain a one-third share; and if either the appellants or duliman fail to pay in the amounts within the month, the other of them making the further deposit within the time shall be entitled to the share of the defaulter.
Judgment:

1. We accept the finding on the issue remitted, and the decree will be modified accordingly. The appellants are entitled to pay into Court within one month from this decree Rs. 200 and obtain a two-third share, and Duliman will pay into Court within the same period Rs. 100 and obtain a one-third share; and if either the appellants or Duliman fail to pay in the amounts within the month, the other of them making the further deposit within the time shall be entitled to the share of the defaulter.


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