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Ramappaya Vs. Charda Bhatta - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.568
AppellantRamappaya
RespondentCharda Bhatta
Cases ReferredChhedi v. Lalu
Excerpt:
decree - conditional on payment of money--execution--three years from the date of decree--limitation. - 1. the decree directs the defendant to surrender the garden, on the plaintiff paying him rs. 767 for improvements. he might have paid this at any time after the decree, and his application for delivery more than three years from the date of the decree is, therefore, time-barred. we agree with the observations of this court in rangiah gounden & co. v. nanjappa row 26 m. 780 : 13 m.l.j. 412., and are not prepared to follow the decision of the allahabad high court in chhedi v. lalu 24 a. 300 : 60 a.w.n. (1902). this appeal is dismissed with costs.
Judgment:

1. The decree directs the defendant to surrender the garden, on the plaintiff paying him Rs. 767 for improvements. He might have paid this at any time after the decree, and his application for delivery more than three years from the date of the decree is, therefore, time-barred. We agree with the observations of this Court in Rangiah Gounden & Co. v. Nanjappa Row 26 M. 780 : 13 M.L.J. 412., and are not prepared to follow the decision of the Allahabad High Court in Chhedi v. Lalu 24 A. 300 : 60 A.W.N. (1902). This appeal is dismissed with costs.


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