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Obla K. Subbayyan Vs. Thoppai Muthayyan - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1922Mad54(1); (1922)42MLJ71
AppellantObla K. Subbayyan
RespondentThoppai Muthayyan
Cases ReferredKarunakara v. Krishna
Excerpt:
- krishnan, j.1. following the ruling in karunakara v. krishna 28 m.l.j. 262 which takes a strict view of order 21. r 89 and holds that the terms of the rule should be 'very strictly conformed to' i think this petition must be allowed. the 1st defendant did not deposit in court the amount stated in the proclamation and the 5 per cent himself. he is not entitled to take advantage of any deposit, made by his co-judgment debtor of the defendant, which was not made conjointly with him but quite independently of him. such a deposit in court cannot be treated as money received by the decree-holder within the meaning of the rule so as to enable the respondent to take advantage of it; see trinback v. ramachandra i.l.r. 23 bom. 723 followed in karunakara v. krishna (1915) .l.r. 39 mad. 429 cited.....
Judgment:

Krishnan, J.

1. Following the ruling in Karunakara v. Krishna 28 M.L.J. 262 which takes a strict view of Order 21. R 89 and holds that the terms of the rule should be 'very strictly conformed to' I think this petition must be allowed. The 1st defendant did not deposit in court the amount stated in the proclamation and the 5 per cent himself. He is not entitled to take advantage of any deposit, made by his co-judgment debtor of the defendant, which was not made conjointly with him but quite independently of him. Such a deposit in Court cannot be treated as money received by the decree-holder within the meaning of the rule so as to enable the respondent to take advantage of it; see Trinback v. Ramachandra I.L.R. 23 Bom. 723 followed in Karunakara v. Krishna (1915) .L.R. 39 Mad. 429 cited above.

2. In these circumstances 1 must hold that the provisions of R. 89 has not been complied with by the respondent and the order setting aside the sale of item 1 must be reversed. The order of the District Judge is set aside and that of the Subordinate Judge is restored with costs here and the courts below.


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