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Alagappa Chettiar and ors. Represented by Agent, Subramania Iyer Vs. Muthukumara Chettiar - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in42Ind.Cas.836
AppellantAlagappa Chettiar and ors. Represented by Agent, Subramania Iyer
RespondentMuthukumara Chettiar
Cases ReferredRodger v. Comptoir
Excerpt:
interest, payment of money deposited in court withdrawn ore giving undertaking - refund of money liability to pay interest--civil procedure code (act v of 1908), section 144. - .....ease there was a certain amount of money in deposit in court and there was a dispute as to who was entitled to that money, the appellants whose claim was based on a certain trust-deed, or the judgment-debtor of the respondent. the appellants filed a suit to establish their right and obtained a temporary injunction restraining the respondent from drawing the money. thereupon the respondent, on giving an undertaking to the court, was allowed to draw the money. the appellants succeeded in establishing their title, and the only question now before us in the letters patent appeal is whether the appellants are entitled to interest on the amount drawn by the respondent till the date when he paid back the amount. mr. justice srinivasa aiyangar has decided against the appellants' contention, on.....
Judgment:

1. In this ease there was a certain amount of money in deposit in Court and there was a dispute as to who was entitled to that money, the appellants whose claim was based on a certain trust-deed, or the judgment-debtor of the respondent. The appellants filed a suit to establish their right and obtained a temporary injunction restraining the respondent from drawing the money. Thereupon the respondent, on giving an undertaking to the Court, was allowed to draw the money. The appellants succeeded in establishing their title, and the only question now before us in the Letters Patent Appeal is whether the appellants are entitled to interest on the amount drawn by the respondent till the date when he paid back the amount. Mr. Justice Srinivasa Aiyangar has decided against the appellants' contention, on the ground that the undertaking given by the respondent did not provide for the payment of interest. We do not think that this is a conclusive factor. There is no express provision in the Civil Procedure Code or any of the Other Indian Acts which we have been referred which covers the question. Section 144 of the Code provides proper orders being passed as regards payment of interest or damages in cases of restitution This is not exactly; a case of restitution, though the principle of that section has been applied to a case somewhat similar to this by a Bench of this Court in Tangutur Subrayudu v. Yerram Setti Seshasani 33 Ind. Cas. 739: 3 L. W. 236: (1916) M. W. N. 155. We have also been referred to a decision of the Patna High Court in Indra Chand Bothra v. Mr. A. H. Forbes 39 Ind. Cas. 22. There also, though it was not a case exactly covered by Section 144, the principle of that section was applied. The Privy Council has laid down the principle applicable to such oases in Rodger v. Comptoir d' Escompre de Paris (1871) 8 V. C, 465 Here the facts show that the appellants were entitled to this money and the respondent who had no title to the money obtained it from the Court by representing that he had a title, the principle, therefore applies that having had wrongful use of the appellants' money, he is bound to pay interest during the time he had the use of the money.

2. The learned Pleader for the respondent argued that the Court bad no power to order the payment of the money or interest thereon in this proceeding. But the order is simply to enforce the undertaking which was given by the respondent to the Court, and we have no doubt in holding that the Court had inherent power to enforce that undertaking on the faith of which the respondent obtained the money.

3. We must allow the appeals reversing the judgment of the learned Judge and the decree will be varied in this way; the decree will provide for payment' of interest by the respondent at 6 per cent from the date he drew the money from Court till the date of re-payment. The respondent must bear the costs Of these appeals and of the revision petitions. The memoranda of objections are dismissed.


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