ESHAHUQ MOLLA Vs. ABDUL BARI HALDAR

JUDGEMENT

(1.) I am afraid the defendant was ill advised in depositing the money in Court. There is no power enabling him to do so and no obligation on the plaintiff to take it out. There has been no valid tender to the plaintiff to take which the defendant owed to him, nor can I see under what authority the money was deposited in the Court of the Munsif of Diamond Harbour, or what power the Munsif had to issue through his officer a notice to the plaintiff of the payment in. The plaintiff in point of law was entitled to disregard such notice. I should have been glad to help the defendant if we could legally have done so, for if is a hard case, but I cannot find any principle upon which we can say that the plaintiff is not entitled to the money he claims.

(2.) The appeal must be allowed, and the plaintiff must have a decree for his principal and interest at the stipulated rate up to the date of the suit. We allow no interest after the date of the suit.

(3.) Under the circumstances each party will bear his own costs in. all the Courts. Geidt, J.