MT PURNAMA DEVI Vs. RAM PRASAD

JUDGEMENT

(1.) THIS appeal raises a question which has very recently been decided by one of us sitting with another Judge of this Court (E.F.A. No. 332 of 1926, decided on 15 November 1928). The question is, when a decree-holder is allowed to purchase the property ordered to be sold on condition that he would purchase it in full satisfaction of the decree, whether he is entitled to recover from the judgment-debtor any money that he has to pay by way of poundage. It was held in the case mentioned above that the decree-holder must pay poundage as part of the costs of the execution of the decree. We think that this view is correct, and we accordingly dismiss the appeal.