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Muthu Ayyar Vs. Ramasami Sastrial and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1897)ILR20Mad158
AppellantMuthu Ayyar
RespondentRamasami Sastrial and anr.
Excerpt:
civil procedure code - act xiv of 1882, section 310-a (a)--application to setaside sale--deposit by judgment-debtor of the amount of debt--poundage money. - 1. admittedly the judgment-debtor paid the 5 per cent. required under clause (a) of section 310-a of the code of civil procedure, upon the whole amount of the purchase-money including that deducted by the court for poundage. under that clause he is not required to do any more. having also fulfilled the requirement of clause (b) he was entitled to have the sale set aside, even though something more on account of the poundage was recoverable from him under the head of costs provided for in the last clause of the section 310-a. the petitioner was therefore wrong in opposing the setting aside of the sale. his course was to have applied to the court for the recovery of what he was entitled to under sections 315 and 310-a.2. the petition is accordingly dismissed.
Judgment:

1. Admittedly the judgment-debtor paid the 5 per cent. required under Clause (a) of Section 310-A of the Code of Civil Procedure, upon the whole amount of the purchase-money including that deducted by the Court for poundage. Under that clause he is not required to do any more. Having also fulfilled the requirement of Clause (b) he was entitled to have the sale set aside, even though something more on account of the poundage was recoverable from him under the head of costs provided for in the last clause of the Section 310-A. The petitioner was therefore wrong in opposing the setting aside of the sale. His course was to have applied to the Court for the recovery of what he was entitled to under Sections 315 and 310-A.

2. The petition is accordingly dismissed.


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