SHER SINGH Vs. VIJAY KUMAR

JUDGEMENT

(1.) The important question of law For determination is: Whether the payment of the decretal amount in execution of the pre-emption decree, through cheque by the judgment-debtor (decree-holder?) is a valid tender under O. XX, R. 14, Civil P. C. (hereinafter called the Code)?

(2.) The facts are not in dispute. One Jawala Devi sold her land in favour of Capt. Vijay Kumar, respondent No. 1. After the sale, the latter filed a suit for possession and injunction (hereinafter called the first suit) which was decreed on the basis of a compromise on Sept. 27, 1976. In respect of this sale, a suit for preemption was filed by Sher Singh petitioner, against Capt. Vijay Kumar, vendee-respondent. The preemption suit was decreed in favour of the petitioner and he was directed to deposit the balance amount of the decretal amount of Rs. 11,202/- in the Court on or before May 15, 1978. The first suit decreed on the basis of a compromise was to the effect that if the pre-emption suit was decreed and the pre-emptor decree-holder deposited the decretal amount in accordance with law the suit of Capt. Vijay Kumar respondent shall stand dismissed. Otherwise, his suit will be deemed to have been decreed.

(3.) In execution of the pre-emption decree, Sher Singh, petitioner, filed an application on May 15, 1978 in the execution Court for deposit of Rs. 11,202/ as balance decretal amount on which the executing Court issued the chalan. The decree-holder instead of depositing the said amount, in cash. in the treasury, deposited a cheque for this amount along with the chalan on the same day. The amount of the cheque was, however, credited to the Government head on the next day, that is, May 16, 1978.