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Kanye Lall Dass Vs. Shama Churn Dawn - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in(1894)ILR21Cal566
AppellantKanye Lall Dass
RespondentShama Churn Dawn
Excerpt:
practice - purchase-money, payment of, into court--conditions of sale--interest--registrar's sale--costs. - .....by the purchaser at a registrar's sale for liberty to pay into court the balance of the purchase-money. the only question is what order should be made regarding the payment of interest on the purchase-money, the period for payment of the balance of the purchase-money having expired before the application for leave to pay it in was made.2. it appears that, by the conditions of sale, the purchaser was required to pay a deposit of 25 per cent, on the purchase-money at the time of the sale, and to pay the balance within one month from the day of sale, and, in default of payment within one month from the day of sale, to pay such balance with interest at 12 per cent, from the end of one month from the day of sale until payment.3. it is also required by the conditions that the.....
Judgment:

Sale, J.

1. This is an application by the purchaser at a Registrar's sale for liberty to pay into Court the balance of the purchase-money. The only question is what order should be made regarding the payment of interest on the purchase-money, the period for payment of the balance of the purchase-money having expired before the application for leave to pay it in was made.

2. It appears that, by the conditions of sale, the purchaser was required to pay a deposit of 25 per cent, on the purchase-money at the time of the sale, and to pay the balance within one month from the day of sale, and, in default of payment within one month from the day of sale, to pay such balance with interest at 12 per cent, from the end of one month from the day of sale until payment.

3. It is also required by the conditions that the Registrar's certificate as to the result of the sale should be filed within eight days after the sale, the purchaser being at liberty to file it if the party having the carriage of the proceedings should fail to do so, and to retain the costs of so doing out of the purchase-money. This is also provided for by Rule 415 of the Rules of Court. See Belchambers' Rules and Orders, p, 196.

4. After a certificate as to the result of a sale has become binding, the purchaser may apply by summons for leave to pay the balance of the purchase-money into Court. A certificate of sale, if not objected to, becomes binding at the end of 14 days from the date of its being filed. This leaves the purchaser a period of about a week to apply for leave to pay the balance of the purchase-money into Court. It is obvious, therefore, that if there be any delay in filing the certificate as to the result of the sale, the purchaser may be placed at a disadvantage. But the position of the purchaser is, I think, sufficiently protected by the rule above referred to, which is also a condition of sale, permitting him to tile the certificate if the party having the carriage of the proceedings fails to do so in proper time, and retain the costs out of the purchase-money. It seems impossible to adopt any course which is practicable in these cases, except to proceed strictly in accordance with conditions of sale and the practice laid down by the Rules of Court; and I desire therefore to indicate that for the future the practice will be in all cases, where the purchaser is out of time, to make the payment of interest follow as a matter of course, subject only to this, that if there has been delay on the part of the party having the carriage of the proceedings, and, if that party appears on the summons taken out by the purchaser, to disallow him any costs as against the purchaser.

5. In this matter the purchaser will be at liberty to pay in the balance of the purchase-money, but he will be required to pay interest from the end of one month from the date of sale until payment of the balance of the purchase-money. The only remission I can make in his favour is to exclude the period during which the matter has been sub judice, that is the period between the day on which this application was made and to-day. The purchaser will bear his own costs of this application. The plaintiff's coats will be coats in the cause.


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