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Srinivasa Bhatta and ors. Vs. Malayacha Mannadi and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1883)ILR7Mad211
AppellantSrinivasa Bhatta and ors.
RespondentMalayacha Mannadi and ors.
Cases ReferredGujadhur Pauree v. Naik Pauree I.L.R.
Excerpt:
civil procedure code, section 308 - purchase in execution of decree--payment into court--government treasury--rules of high court of 21st june 1882. - charles a. turner, kt., c.j.1. the balance of the purchase money was brought to the court on the fourteenth day after the sale. a chalan was obtained and the money and the chalan taken to the treasury, but the treasury officer refused to receive it as ha had closed his accounts for the day. the fifteenth and sixteenth were holidays at the treasury. on the seventeenth the money was received. the treasury becomes, for the purposes of payment under the rules of the high court, dated 21st june 1882, part of the establishment of the court.2. under the circumstances the payment was in time. the calcutta court appears to have arrived at the same conclusion: gujadhur pauree v. naik pauree i.l.r. 8 cal. 528.3. we set aside the munsif's order and confirm the sale.
Judgment:

Charles A. Turner, Kt., C.J.

1. The balance of the purchase money was brought to the Court on the fourteenth day after the sale. A chalan was obtained and the money and the chalan taken to the treasury, but the treasury officer refused to receive it as ha had closed his accounts for the day. The fifteenth and sixteenth were holidays at the treasury. On the seventeenth the money was received. The treasury becomes, for the purposes of payment under the rules of the High Court, dated 21st June 1882, part of the establishment of the Court.

2. Under the circumstances the payment was in time. The Calcutta Court appears to have arrived at the same conclusion: Gujadhur Pauree v. Naik Pauree I.L.R. 8 Cal. 528.

3. We set aside the Munsif's order and confirm the sale.


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