Supreme Court of India · 1966-03-30
GYASI RAM vs BRIJ BHUSHAN DAS AND ORS.
- Citation / case number
- SC 1964/90291
- Court
- Supreme Court of India
- Petitioner
- GYASI RAM
- Respondent
- BRIJ BHUSHAN DAS AND ORS.
Judgment text excerpt
The Supreme Court held that under Order XXXIV, Rule 7(1)(c) of the Code of Civil Procedure, the appellant was entitled to a final decree for redemption of the mortgage as he had complied with the terms of the preliminary decree. The Court clarified that the additional interest imposed by the High Court during the stay was not part of the adjudged amount for subsequent costs, charges, expenses, and interests, and thus did not need to be deposited. The Court reversed the High Court's decision, allowing the appellant's appeal.