High CourtsDivision Bench(1910) 08 MAD CK 0033

Ramappaya vs Charda Bhatta

Madras High Court · Decided on 5 August 1910 · Citation: 7 Ind. Cas. 568

HON’BLE JUDGES
Wallis, J · Krishnaswami Aiyar, J

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Judgment

4 paragraphs · 101 words
1.

The decree directs the defendant to surrender the garden, on the plaintiff paying him Rs. 767 for improvements. He might have paid this at any

time after the decree, and his application for delivery more than three years from the date of the decree is, therefore, time-barred. We agree with

the observations of this Court in Rangiah Gounden & Co. v. Nanjappa Row 26 M. 780 : 13 M.L.J. 412., and are not prepared to follow the

decision of the Allahabad High Court in Chhedi v. Lalu 24 A. 300 : 60 A.W.N. (1902). This appeal is dismissed with costs.