Skip to content


Ramabadra Reddiar Vs. Lakshmambal Ammal and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1939)1MLJ466
AppellantRamabadra Reddiar
RespondentLakshmambal Ammal and anr.
Cases ReferredSait Punnamchand Chatraban Firm v. Vijjapu Satyanandam
Excerpt:
- - 1. the decree entitled the decree-holder to interest 'until the date of realization'.the learned district judge has held that in a case like this, where the decree-holder has been given permission to bid and set off the date of realization is the date of sale. there is good authority for this in the case of sait punnamchand chatraban firm v. vijjapu satyanandam air1933mad804 .the decree does not give interest until date of realization by the decree-holder, but simply till date of realization, and that, we think in a case like this is the date of sale.1. the decree entitled the decree-holder to interest 'until the date of realization'. the learned district judge has held that in a case like this, where the decree-holder has been given permission to bid and set off the date of realization is the date of sale. there is good authority for this in the case of sait punnamchand chatraban firm v. vijjapu satyanandam : air1933mad804 and we think the learned district judge was right in relying on that case. that was a case under section 73 of the code of civil procedure but the language used by the learned judges and the interpretation of order 21, r. 72 of the code of civil procedure which they have adopted, are of general application. learned counsel for the appellant contends that the words 'date of realization' in the decree mean the date.....
Judgment:

1. The decree entitled the decree-holder to interest 'until the date of realization'. The learned District Judge has held that in a case like this, where the decree-holder has been given permission to bid and set off the date of realization is the date of sale. There is good authority for this in the case of Sait Punnamchand Chatraban Firm v. Vijjapu Satyanandam : AIR1933Mad804 and we think the learned District Judge was right in relying on that case. That was a case under Section 73 of the Code of Civil Procedure but the language used by the learned Judges and the interpretation of Order 21, r. 72 of the Code of Civil Procedure which they have adopted, are of general application. Learned Counsel for the appellant contends that the words 'date of realization' in the decree mean the date on which the money is realized by the decree-holder, and he relies on Khalilur-Rahman v. Gokul Prasad I.L.R.(1919) All. 526 and A.S.N. Chettiar Firm v. Imperial Bank of India, Bassein A.I.R. 1937 Rang. 193 in which that view is taken. With respect we prefer to follow the decision of this Court reported in Sait Punnamchand Chatraban Firm v. Vijjapu Satyanandam : AIR1933Mad804 . The decree does not give interest until date of realization by the decree-holder, but simply till date of realization, and that, we think in a case like this is the date of sale. This appeal is accordingly dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //