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Banku Behary Sanyal and anr. Vs. Syama Churn Bhuttacharjee - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtKolkata
Decided On
Judge
Reported in(1898)ILR25Cal322
AppellantBanku Behary Sanyal and anr.
RespondentSyama Churn Bhuttacharjee
Excerpt:
execution of decree - stay of execution--decree for arrears of rent--decree for money--code of civil procedure (act xiv of 1882), section 546. - .....tenancy act, such as those in sections 148, 163 and 170, goes to show that section 546 was intended not to have any application to the execution of a rent decree.
Judgment:

Maclean, C.J.

1. I feel no difficulty about this case. In my opinion the expression 'decree for money' used in the last paragraph of Section 546 of the Code of Civil Procedure applies to a case where a decree has been made for payment of arrears of rent. Arrears of rent are 'money.' It would be a very narrow construction to hold otherwise, especially as regards the operation of this particular section, which deals with the case of staying execution of a decree pending an appeal on certain terms as to giving security. Why that should not apply to a case where the decree is for arrears of rent, as well as to any other case of a money decree, I fail to see. I think the appeal must succeed and the order of the Munsif be restored with costs.

Banerjee, J.

1. I am of the same opinion. There is no reason why a decree for rent should not be held to be included within the meaning of the expression 'decree for money' in the last paragraph of Section 546 of the Code of Civil Procedure, nor is there anything in the Bengal Tenancy Act to show that the provisions of Section 546 should not apply to a case like the present. Section 143 of the Bengal Tena(sic) Act makes the Civil Procedure Code generally applicable to rent suits, Subject only to certain exceptions; and none of the exceptive provisions of the Bengal Tenancy Act, such as those in Sections 148, 163 and 170, goes to show that Section 546 was intended not to have any application to the execution of a rent decree.


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