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Manavikraman Vs. Moyankutti - Court Judgment

LegalCrystal Citation
SubjectProperty;Civil
CourtChennai
Decided On
Reported in(1903)13MLJ444
AppellantManavikraman
RespondentMoyankutti
Excerpt:
- - 1. the decree of the subordinate judge is clearly wrong, the judgment-debtor gets no option under a decree for the return of moveable property.1. the decree of the subordinate judge is clearly wrong, the judgment-debtor gets no option under a decree for the return of moveable property. the money amount inserted in the decree is inserted under section 208 of the civil procedure code which requires that an amount of money should be inserted in the decree as an alternative if delivery cannot be had. it is therefore only when after putting in force section 259 of the c.p.c. it is found that it is impossible to obtain the property ordered to be delivered that the alternative amount in the decree comes into operation.2. we set aside the decree of the subordinate judge and restore that of the district munsif with costs in this and in the lower appellate court.
Judgment:

1. The decree of the Subordinate Judge is clearly wrong, The Judgment-debtor gets no option under a decree for the return of moveable property. The money amount inserted in the decree is inserted under Section 208 of the Civil Procedure Code which requires that an amount of money should be inserted in the decree as an alternative if delivery cannot be had. It is therefore only when after putting in force Section 259 of the C.P.C. it is found that it is impossible to obtain the property ordered to be delivered that the alternative amount in the decree comes into operation.

2. We set aside the decree of the Subordinate Judge and restore that of the District Munsif with costs in this and in the lower appellate Court.


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