RAI BALKISHEN DASS Vs. RAJA RUN BAHADOOR SINGH

JUDGEMENT

(1.) THIS is an appeal by Bai Balhishen Bass, the representative of Bai Narain Bass, from an order of the High Court at Calcutta, dated the 27th February, 1880, by which an order of the Subordinate Judge of Gya, of the 16th July, 1879, was set aside, and the order appealed from was substituted for it.

(2.) THE determination of the questions which arise in the appeal depends upon what is the proper construction to be put upon the 3rd Clause of a decree of the Subordinate Judge of Gya, dated 29th March, 1873, in a suit in which Rai Narain Dass was Plaintiff, and the Respondent, Raja Run Bahadoor Singh, was one of the Defendants.

(3.) THE amount decreed was Rs. 2,38,000 principal, with interest, and by the 2nd article it, was ordered, amongst other things, that,- The Plaintiff shall get interest on the decretal money at the rate of eight annas per cent, per mensem from Defendants. That the Defendants shall pay annually Rs. 30,000 out of the principal and interest year after year by instalments to the Plaintiff; and the Plaintiff, after granting a receipt and filing a petition in the Court, shall take the said sum from Defendants. Out of the annual amount of Rs. 30,000, whatever may be found due on account of interest, the decree holder shall deduct the same on account of interest, and credit the balance to the principal. The first instalment shall be in one lump, on the 30th Bhadon 1281 Fusli. In future, year after year, each instalment shall be so pai d in a lump sum on the last day of Bhadon of each year. The money covered by the instalment shall be sent to the decree holder at Benares, and Defendants shall pay the expenses incurred in sending the same.