High Courts(1896) 12 CAL CK 0026

Mussett Shakoti vs Maharajah Bahadur Sir Jotindra Mohon Tagore

Calcutta High Court · Decided on 15 December 1896

RESULT
Dismissed
CASE NUMBER
Appeal From Appellate Order No. 220 of 1896

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Judgment

2 paragraphs · 102 words
1.

This is an appeal from the decision of the District Judge of Purneah, holding that a deposit purporting to be made u/s 174 of the Bengal Tenancy Act was not a proper deposit within that section. We think the decision of the Judge is quite correct. A deposit u/s 174 must be such as the decree-holder may draw out at once. But the deposit, made in this case, was not made payable to the decree-holder until a certain event had arisen, and, therefore, it was not a deposit within the meaning of that section.

2.

The appeal is dismissed with costs.