PANDHARINATH SAKHARAM Vs. SHANKAR NARAYAN JOSHI

JUDGEMENT

(1.) The only part of the decree with which we think it necessary to interfere is that which follows on the direction for payment by instalments. For, what succeeds that direction appears to us to be contrary to the provisions of Section 15 (b) of the Dekkhan Agriculturists Relief Act XVII of 1879, and in place of that part of the decree which commences with the words " and on failure to pay any two successive instalments &c. " the decree should contain the following direction :- If the sum payable under the direction aforesaid is not paid when due, then defendant No. 1 will be at liberty to apply to the Court for such order as he may be entitled to under Section 15 (b), sub-section 2 of the Dekkhan Agriculturists Relief Act.

(2.) We further direct that the first instalment be paid on the 1 January 1904 and the subsequent instalments on the 1 of January of each succeeding year.

(3.) The appellant must pay two-thirds of respondent No. 1's costs of this appeal.