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IN THE HIGH COURT OF ALLAHABAD
STANLEY, RUSTOMJEE, JJ.
Khushal Singh – Appellant
Versus
Khawani Lal and others – Respondents
S.A. No. 826 of 1905
Decided on : 27-07-1906
JUDGMENT :
STANLEY, C.J.:— We are of opinion that the view of the law taken by the learned Subordinate Judge is correct. The money, which the plaintiffs-respondents sought to recover in their suit was Government revenue, which they, being the recorded owners of the land chargeable with the revenue, were bound to pay and in respect of which drastic remedies were open to Government in default of payment. It is true that eventually it turned out that the plaintiffs ought not to have had their names recorded as owners, but there is nothing to show us that they did not bona fide believe that they were entitled to possession of the property at the time when the payment was made. At this time an appeal was actually pending in regard to the rights of the parties in the property. In addition to the cases which are referred to in the judgment of the Subordinate Judge, we would refer to a recent case, namely, the case of Tulsa Kuar v. Jageshar Prasad, 1906] 3 A.L.J.R., 372.. In the judgment in that case a wide signification is given to the words “interested in the payment of money which another is bound by law to pay” which form part of section 69 of the Indian Contract Act. The revenue was undoubtedly payable and the defendant-appellant has had the benefit of the payment. We may also point out that it was established in evidence that a writ of demand for the revenue had been served on the plaintiffs. We dismiss the appeal with costs, including fees in this Court on the higher scale.
2. We have also to deal with an objection filed by the respondents under section 561 of the Code of Civil Procedure. They are not satisfied that interest on the amount paid was not allowed by the Court below up to the date of suit. We agree with the Court below as to the matter of interest and think that the respondents have fared very well under the decree. We dismiss the objection with costs.
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