Reoti Ram Vs. Sita Ram - Court Judgment
|Judge||Piggott and; Walsh, JJ.|
|Reported in||AIR1921All44; 60Ind.Cas.894|
|Cases Referred||Sambasiva Chari v. Ramasami Reddi|
limitation - decree directing payment within certain time--court closed on last day--payment made on day of re-opening--decree, whether complied with. - u.p. zamindari abolition & lands reforms act, 1951 [act no. 1/1951]. section 3(4) & u.p. land revenue act, (3 of 1901). sections 14-a (3) & 14; [s.rafat alam, r.k.agarwal & ashok bhushan, jj] expression collector- held, it includes additional collector. powers and functions of collector can be exercised by additional collector under section 198(4) of 1950 act, provided he has been so directed by collector of the district. [1996 aihc 3628 overruled].1. in our opinion there is authority of this court in the case of dabi din bai v. muhammad ali 3 a. 850 : a.w.n. (1881) 100 : 2 ind. dec. (n.s.) 576, which justified the learned judge in the court below in holding, that the condition had been complied with. the case of shooshee bhusan rudro v. gobind chunder roy 18 c. 231 : 9 ind. dec. (n.s.) 164 and the case of sambasiva chari v. ramasami reddi 22 m 179 : 8 m.l.j. 265 : 8 ind. dec.. (n.s.) 127, bear out this view. the argument on behalf of the appellant seeks to confine the judgment-debtor in tone alternative, to only 29 days to pay the money. the appeal is dismissed with costs.
1. In our opinion there is authority of this Court in the case of Dabi Din Bai v. Muhammad Ali 3 A. 850 : A.W.N. (1881) 100 : 2 Ind. Dec. (N.S.) 576, which justified the learned Judge in the Court below in holding, that the condition had been complied with. The case of Shooshee Bhusan Rudro v. Gobind Chunder Roy 18 C. 231 : 9 Ind. Dec. (N.S.) 164 and the case of Sambasiva Chari v. Ramasami Reddi 22 M 179 : 8 M.L.J. 265 : 8 Ind. Dec.. (N.S.) 127, bear out this view. The argument on behalf of the appellant seeks to confine the judgment-debtor in tone alternative, to only 29 days to pay the money. The appeal is dismissed with costs.