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Sistu Seetaramayya Vs. Tadapalli Sodemma - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in45Ind.Cas.16
AppellantSistu Seetaramayya
RespondentTadapalli Sodemma
Cases ReferredDistrict Munsif Verikata Sutramania Ayyar v. Koran Kannan Ahmad
Excerpt:
civil procedure code (act v of 1908), order xxi, rule 2 - civil procedure code (act xiv of 1882), section 257a--agreement by decree--holder to give time for discharge of decree not certified to court--breach of contract--execution of decree in violation of agreement--damages, suit for, maintainability of. - - 113, clearly shows that an agreement of this nature is an agreement to give time within the meaning of section 257 a and does not put an end to the relationship of judgment-debtor and creditor by extending the time......against the plaintiff and there was an agreement arrived at between the parties by which theft decree-holder consented to receive an amount less than the decree amount in several instalments, covering a period of two years, the first instalment being payable on the date of the agreement. it would seem that two instalments were paid to the decree-holder. in the payment of the 2nd instalment there was a delay of a few days, but the defendant waived the delay and accepted payment, but wduld not receive the 3rd instalment sent to him and then took steps to enforce the decree and realise the amount due upon the decree apart from the agreement. the agreement was never brought to the notice of the court or sanctioned by it. the plaintiff says that he is entitled to recover damages from the.....
Judgment:

1. The plaintiff sues to re-cover damages from the defendant in somewhat curious circumstances. The defend-ant had a decree for money against the plaintiff and there was an agreement arrived at between the parties by which theft decree-holder consented to receive an amount less than the decree amount in several instalments, covering a period of two years, the first instalment being payable on the date of the agreement. It would seem that two instalments were paid to the decree-holder. In the payment of the 2nd instalment there was a delay of a few days, but the defendant waived the delay and accepted payment, but wduld not receive the 3rd instalment sent to him and then took steps to enforce the decree and realise the amount due upon the decree apart from the agreement. The agreement was never brought to the notice of the Court or sanctioned by it. The plaintiff says that he is entitled to recover damages from the defendant for violation of the agreement even though he could not set up the agreement as a bar to execution. But the agreement comes within the purview of Section 257 A of the old Civil Procedure Code, Act XIV of 1882, which lays down that every agreement to give time for the satisfaction of a judgment debt shall be void unless it is made for consideration and with the sanction of the Court which passed the decree and such Court deems the consideration to be under the circumstances reasonable'. It would be void on two grounds: first of all, it was not sanctioned by the Court, and secondly, there was no consideration for it. We cannot accept the contention that because the 1st instalment was paid at the date of the agreement, them was valid consideration for it. The case referred to by the District Munsif Verikata Sutramania Ayyar v. Koran Kannan Ahmad 12 M.L.J. 113, clearly shows that an agreement of this nature is an agreement to give time within the meaning of Section 257 A and does not put an end to the relationship of judgment-debtor and creditor by extending the time. It relieves the defendant from the obligation of satisfying the decree at any time he is called upon to do so by the decree-holder. The agreement baing void as not being sanctioned by the Court as required by law, no rights can arise to the plaintiff under such an agreement and the suit Was rightly dismissed by both the Courts.

2. The appeal fails and is dismissed with costs.


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