High Courts(1928) 12 AHC CK 0020

Mt. Purnama Devi vs Ram Prasad and Another

Allahabad High Court · Decided on 3 December 1928 · Citation: AIR 1929 All 266 : 118 Ind. Cas. 378

RESULT
Dismissed

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Judgment

1 paragraphs · 120 words
1.

This appeal raises a question which has very recently been decided by one of us sitting with another Judge of this Court (E.F.A. No. 332 of 1926, decided on 15th November 1928). The question is, when a decree-holder is allowed to purchase the property ordered to be sold on condition that he would purchase it in full satisfaction of the decree, whether he is entitled to recover from the judgment-debtor any money that he has to pay by way of poundage. It was held in the case mentioned above that the decree-holder must pay poundage as part of the costs of the execution of the decree. We think that this view is correct, and we accordingly dismiss the appeal.