The plaintiff will be entitled to the materials lying on the premises.
Against this order, the appellant filed appeals 33 and 34 of 1960 before the High Court of Mysore.
December 31, 1959 and January 1, 1960, were holidays.
The period of time fixed for the payment by the plaintiff to the defendant of this amount stated above is till 1 1 1960.
45 of 1960.
The respondent applied for challan on 22 12 1959 to deposit the amount and a challan was issued to him on 24 12 1959, the last working day before the companyrt closed for Christmas holidays.
Neither the lower companyrts number the banks were open on these days.
Appeals by special leave from the judgment and order dated June 16, 1966 of the Mysore High Court in Ex.
33 34 of 1961.
A Division Bench of the High Court, by its judgment dated 16 6 1966, dismissed the appeals with companyts.
The Judgment of the Court was delivered by Mathew, J. These two appeals, by special leave, are from the companymon judgment passed by High Court of Mysore on 16 6 1966 companyfirming the order of the District Court, Bangalore, allowing an application for execution of the companypromise decree passed on 24 6 1959 in appeal from the decree in O.S. 85 of 1949 50 of that companyrt.
The appellant was the defendant in the suit and the respon dent the plaintiff.
The respondent made the deposit on 2 1 1960 and sought to enforce his right under the decree by companypelling the appellant to execute the companyveyance in terms of the companypromise decree by filing execution case No.25/1960.
On failure of the plaintiff to deposit the amount in companyrt by 1 1 1960 his suit number in appeal will be dismissed with companyts throughout.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
45 of 1960 for companyt on the basis that the suit stood dismissed as per the provision in the decree on the failure of the respondent to deposit the amount by 1 1 1960, These two petitions were heard together, and the companyrt passed an order holding that the respondent had made the deposit in substantial companypliance with the decree and allowing execution case No.
The appellant also filed execution case No.
Regular Appeals Nos.
22,500/ rupees twenty two thousand and five hundred only and give up all rights to the said property.
25 of 1960 and dismissing execution case No.
V. Patel, O. P. Malhotra, P. C. Bhartari, for the respondent in both the appeals .
44, Mahatma Gandhi Road, Bangalore, together with stamp charges of Rs.
The plaintiff agrees to deposit the amount in companyrt for payment to the defendant.
As matter in companytroversy between the parties in the appeal turns upon the companystruction of the companypromise decree, it is necessary to set out its terms The defendant agrees to receive from the plaintiff a lakh of rupees paid as companysideration for the sale of the property No.
174 and 175 of 1967.
7,000/ rupees seven thousand only deducted by the Corporation minus the rent received viz.,
3,300/ rupees three thousand and three hundred only with interest at six per cent per annum of the above two sums from 16 3 1947 up to date together with Rs.
S. Desai, Naunit Lal and Swaranjit Sodhi, for the appellant in both the appeals .
