K CHINNA BASIREDDIGARI SUBBIREDDI Vs. G NAGIREDDI

JUDGEMENT

(1.) The short question that arises for determination in the second appeal is as to the true meaning of the expression ' fortnight. The respondent herein was directed to deposit the sale amount within a fortnight from 1st September, 1949 and he deposited the amount on 16th September, 1949. The lower Court held that the deposit not having been made on 15th was out of time while the Appellate Court came to the conclusion that the deposit on 16th was within a fortnight.

(2.) The meaning given in the Oxford English Dictionary for fortnight is " A period of fourteen nights ; two weeks ". It is stated that it is a " contracted form of OE. Feowertyne niht fourteen nights". Similarly, in Webster's New International Dictionary of the English language, the meaning given is The space of fourteen days ; two weeks ". In Stroud's Judicial Dictionary, reference is made to the decision in Labourchers v. Earl of Wharndiffe, (1879) L.R. 13 Ch.D. 346, 353. wherein it was held that a fortnight's notice meant only 14 clear days notice. Jessel, M. R. pointed out that a fortnight has a definite legal meaning and that therefore, "the secretary's notion of the club day cannot affect the question which the Court has to decide." In Sankaranarayana's English Telugu Dictionary, the meaning given is " fourteen days two weeks, a paksham (in Telegu) ". In Brown's English Telugu Dictionary, fortnight is defined as meaning 14 days and also a paksham (in Telugu) It is contended by Sri K. V. Rangachari, the learned advocate for the respondent, that in asmuch as both in Brown's English Telugu Dictionary and Sankaranayrana's English Telugu Dictionary, fortnight is defined as a paksham, it must be understood that a fortnight means 15 days inasmuch as a month has only two pakshams. I am unable to accept his contention inasmuch as the expression must be given meaning as stated in the English Dictionaries. It is not open to interpret the English language in a manner different from how it is understood in the English Dictionaries. In Public Prosecutor v. Rajanga, (1953) 2 M.L.J. 499 : A.I.R. 1954 Mad. 285. Govinda Menon, J., delivering the judgment on behalf of the Bench rightly observed in construing the word " premises " that the ordinary interpretation and connotation given to it in the English language and the dictionaries should be adopted. Hard ship is not a sufficient ground for me to interpret the expression in a manner diffrent from what is contained in the English Dictionaries. The emotional interpretation adopted by the District Judge is in my opinion erroneous.

(3.) As the deposit was not made within a fortnight, the decree of the Lower Appellate Court has to be set aside and the decree of the Trial Court restored. There will be no order as to costs throughout. Leave granted. Appeal allowed.