High Courts(1938) 12 MAD CK 0020

Ramabadra Reddiar vs Lakshmambal Ammal and Another

Madras High Court · Decided on 14 December 1938 · Citation: (1939) 49 LW 440 : (1939) 1 MLJ 466

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Judgment

10 paragraphs · 238 words
1.

The decree entitled the decree-holder to interest ""until the date of realization"". The learned District Judge has held that in a case like this, where

the decree-holder has been given permission to bid and set off the date of realization is the date of sale. There is good authority for this in the case

of Sait Punnamchand Chatraban, Firm of Marwadi Bankers Vs. Vijjapu Satyanandam, and we think the learned District Judge was right in relying

on that case. That was a case u/s 73 of the CPC but the language used by the learned Judges and the interpretation of Order 21, r. 72 of the CPC

which they have adopted, are of general application. Learned Counsel for the appellant contends that the words ""date of realization"" in the decree

mean the date on which the money is realized by the decree-holder, and he relies on Khalilur-Rahman v. Gokul Prasad I.L.R.(1919) All. 526 and

A.S.N. Chettiar Firm v. Imperial Bank of India, Bassein AIR 1937 Rang. 193 in which that view is taken. With respect we prefer to follow the

decision of this Court reported in Sait Punnamchand Chatraban, Firm of Marwadi Bankers Vs. Vijjapu Satyanandam, . The decree does not give

interest until date of realization by the decree-holder, but simply till date of realization, and that, we think in a case like this is the date of sale. This

appeal is accordingly dismissed with costs.