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Khoshdeb Biswas Vs. Satar Mondol and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in(1888)ILR15Cal436
AppellantKhoshdeb Biswas
RespondentSatar Mondol and ors.
Cases ReferredGrish Chandra v. Kashisauri Debi
Excerpt:
transfer of property act (iv of 1882), section 135 - actionable claim--transfer of a claim for an amount less than its value--recovery of full amount of debt. - 1. in this case we are of opinion that the plaintiff can recover the whole amount due on the bond, notwithstanding section 135 of the transfer of property act. we agree with the decision of this court in grish chandra v. kashisauri debi 13 c. 145, that the section does not apply where the money is recovered by suit after a contest as to the liability of the defendant. we think, however, that if the money paid by the plaintiff for the claim, with interest and expenses, were paid into court immediately on the suit being brought, that would be a payment within the meaning of the section, and would release the defendant from further liability.
Judgment:

1. In this case we are of opinion that the plaintiff can recover the whole amount due on the bond, notwithstanding Section 135 of the Transfer of Property Act. We agree with the decision of this Court in Grish Chandra v. Kashisauri Debi 13 C. 145, that the section does not apply where the money is recovered by suit after a contest as to the liability of the defendant. We think, however, that if the money paid by the plaintiff for the claim, with interest and expenses, were paid into Court immediately on the suit being brought, that would be a payment within the meaning of the section, and would release the defendant from further liability.


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