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Mst. Parmeshri And Others v. Mst. Atti .
Concise Analytical Summary of the Opinion (Tek Chand, J.)
Factual and Procedural Background
The dispute arises from a compromise decree dated 28 April 1947 in favour of Shrimati Atti (widow of Budh Singh) against her father-in-law Harnam Singh for maintenance in respect of 85 kanals 19 marlas. The decree required Harnam Singh to give grain totaling 25 maunds each year (12½ maunds of wheat in Jeth and 12½ maunds of maize in Kartik), and provided that in the event of default the decree-holder would obtain possession of one-half of the land in dispute.
No execution was taken out until 22 June 1955, when Shrimati Atti sought execution of the 1947 decree. The appellants (three daughters of Harnam Singh and other legal representatives) challenged the execution application on limitation grounds. The executing Court framed issues including entitlement to possession, whether the respondents were bound by the decree, whether execution was within time, and relief.
The Sub-ordinate Judge (trial court) held the execution barred by limitation (treating the starting point as June 1947) and dismissed the application on 17 April 1956. On appeal the Senior Sub-ordinate Judge allowed the decree-holder's execution application, holding it to be within time under Article 182(7) of the Indian Limitation Act and referring to Maung Sin v. Ma Tok and Ainul Haq Khan v. Mt. Nawaban. The present appeal by the daughters sought reversal of that decision and restoration of the trial court's order.
Legal Issues Presented
- Is the decree-holder entitled to possession of the land in dispute in terms of the decree?
- Are the legal representatives of the deceased judgment-debtor bound by the decree?
- Is the execution application within the period of limitation (i.e., whether Article 182(7) of the Indian Limitation Act applies)?
- Whether the term "payment" (as used in Article 182(7) and in the context of the decree) should be read as limited to cash payments or includes payments in kind (grain)?
- Whether Article 181 (or another Article) of the Limitation Act, rather than Article 182(7), governs the right to execute the decree?
Arguments of the Parties
Appellants' Arguments
- Article 182(7) is inapplicable because the decree required delivery of goods (grain) twice a year and did not direct payment of money; therefore the word "payment" in Article 182 should be read as referring only to monetary payments.
- Article 182 applies to cases where a decretal amount is payable by instalments of money and, on default, the entire money amount becomes payable. The present decree (supply of grain twice a year with possession on default) is of a different or novel character for which Article 182 provides no provision.
- The only applicable Article is Article 181; appellants relied on Mt. Bhagwati v. Sant Lal (A.I.R. 1946 All. 360) where "when the right to apply accrues" was construed to mean "when the right to apply first accrues". They argued this authority should govern the limitation question in the present case.
The opinion does not contain a detailed account of the respondent's (decree-holder's) separate arguments as presented in Court; the Court's reasoning reflects the authorities and legal constructions relied upon to support the execution application.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Maung Sin v. Ma Tok, A.I.R. 1927 P.C. 146 | The Privy Council held that each installment, as it fell due, was a claim originating from the date when such claim arose and that clause 7 of Article 182 applied to such installments. | The Court relied on this case to hold that each instalment/supply under the decree gives rise to a separate claim as it fell due, and thus Article 182(7) applied to the execution application now under challenge. |
| Ainul Haq Khan v. Mt. Nawaban, A.I.R. 1939 Oudh 281 | The opinion cites this authority in support of applying Article 182(7) but does not extract a specific principle in the text beyond its use as supporting authority. | Cited by the Senior Sub-ordinate Judge and noted by the Court as one of the authorities supporting the applicability of Article 182(7) to the facts. |
| Akshoy Kumari Dabi v. Nalini Ranjan Mukherjee, A.I.R. 1950 Cal. 493 | Cited as authority expressing that justice should not be defeated by technicalities and that Article 182 should receive a fair and liberal construction. | Used to support the proposition that "payment" should not be given a narrow technical meaning limited to money where the decretal obligation could be satisfied in another form (i.e., in kind). |
| Annapurnamma v. Venkamma, A.I.R. 1938 Mad. 323 | Cited alongside Akshoy Kumari Dabi to support a liberal construction of Article 182 and to reject technical limitations defeating decree-holders' rights. | Relied upon as part of the body of authority endorsing a non-technical, fair construction of limitation provisions in favour of enforcing decrees. |
| Muhammad Islam v. Muhammad Ahsan, I.L.R. 16 All 237 | Held that where a decree for possession was contingent on year-by-year payment of an annuity, the decree-holder was not obliged to execute only upon the first default but could execute on any subsequent default. | Applied to show that a decree containing year-by-year obligations can be executed on subsequent defaults and that such execution is governed by Article 182 principles. |
| Har Gopal v. Ram Rachhpal, I.L.R. 2 Lah. 155 | The case held that the option conferred on a decree-holder to obtain possession on default could be exercised on any subsequent default; an application in such circumstances was within time. | Relied on to reject the appellants' contention that the decree could be executed only upon the first default; supported the conclusion that execution could follow later defaults and fall within Article 182. |
| Smith v. Mills, 230 P. 350 | Example cited from an American source illustrating that "anything of value delivered by debtor and accepted by creditor" will constitute payment—in other words, "payment" may be in kind, not only in cash. | Used by the Court to support the proposition that the word "payment" is not limited to money and can include delivery of goods (grain) as satisfaction of a decretal obligation. |
| Gallaher v. Theilbar Realties, 18 P.2d 1101 | Cited as an instance where "payment" was construed to include acceptance of something other than money by agreement of parties. | Utilized to buttress the interpretation of "payment" as including non-monetary satisfaction by mutual consent. |
| Persons v. Gardner, 106 N.Y.S. 610 | Cited for the proposition that payment is the delivery of money or some other valuable thing to extinguish a debt when accepted for that purpose. | Used as illustrative authority in support of a broad understanding of "payment" to include in-kind satisfaction. |
| J.F. Morgan Paying Co. v. Carroll, 99 So. 640 | Cited to show that payment implies discharge of an obligation either according to its terms or by something given and received of agreed value equal to the debt. | Referenced to demonstrate that modes of payment other than cash may discharge a debt where agreed upon. |
| Blair v. Harris, 42 N.W. 790; Weir v. Hudnul, 18 N.E. 24 | Both cited as further examples that payment may be by means of anything of value which the parties agree shall be treated as equivalent to a money payment. | Employed to reinforce the Court's conclusion that "payment" in Article 182 need not be confined to monetary payments. |
| Mt. Bhagwati v. Sant Lal, A.I.R. 1946 All. 360 | Held that the expression "when the right to apply accrues" should be read as "when the right to apply first accrues" in the particular facts of that preliminary-mortgage installment case. | The Court considered this authority but held it inapplicable to the facts before it and did not adopt its construction for the present case. |
Court's Reasoning and Analysis
The Court proceeded in a stepwise manner:
- Interpretation of "payment": The Court first addressed the appellants' contention that the word "payment" in Article 182(7) should be restricted to cash payments and thus not apply where the decree required delivery of grain (payment in kind). The Court consulted dictionary definitions (Oxford English Dictionary) and an American compilation (Words and Phrases) and cited multiple authorities demonstrating that "payment" and "pay" include giving, delivering or handing over money or some other thing in discharge of an obligation. The Court therefore rejected the narrow, cash-only meaning urged by the appellants.
- Policy of liberal construction: The Court emphasized that Article 182 should receive a fair and liberal, not a technical, construction so as to enable decree-holders to obtain the fruits of their decrees and that justice ought not to be defeated by technicalities. The Court referred to Indian decisions (Akshoy Kumari Dabi and Annapurnamma) to support this approach.
- Applicability of Article 182 to installment obligations in kind: The Court rejected the argument that Article 182 only contemplates monetary installments the non-payment of which makes an entire money amount payable. The Court relied on precedent (Muhammad Islam and Har Gopal) where decrees imposed periodic monetary obligations and provided for possession on default, holding that the decree-holder could enforce the decree on any subsequent default, not only the first. The Court treated these authorities as analogous and relevant even though the present case involved payments in kind.
- Reliance on Maung Sin v. Ma Tok: The Court closely examined Maung Sin, noting the Privy Council's view that each installment, as it fell due, constituted a claim originating from the date when such claim arose and that clause 7 of Article 182 applied. The Court used this to support the conclusion that each periodic obligation under the decree gives rise to a separate claim for limitation purposes.
- Rejection of alternate Article reliance: The appellants' reliance on Mt. Bhagwati (interpreting "when the right to apply accrues" as meaning "when the right first accrues") was considered but held to be inapplicable on the facts. The Court distinguished that authority from the present factual matrix and therefore did not accept the appellants' contention that Article 181, rather than Article 182(7), governed the matter.
- Conclusion on limitation: Synthesizing the textual meanings, policy considerations, and the cited authorities, the Court concluded that Article 182(7) of the First Schedule to the Indian Limitation Act applied and that the execution application dated 22 June 1955 was within time.
Holding and Implications
Core Holding: The Court held that the execution application of Shrimati Atti is within limitation under Article 182(7) of the First Schedule of the Indian Limitation Act and dismissed the appeal of Shrimati Parmeshri and others with costs throughout.
Direct implications for the parties:
- The decision of the Senior Sub-ordinate Judge allowing the execution application and permitting the decree-holder to proceed to obtain possession in terms of the decree is affirmed.
- The appellants' contention that the execution was time-barred is rejected; the execution may proceed. Costs were awarded against the appellants throughout.
Broader implications:
The opinion does not purport to lay down an innovative rule of law beyond applying and affirming existing authorities that (a) "payment" may include non-monetary performance accepted in discharge of an obligation, and (b) each instalment obligation may give rise to a fresh claim for limitation purposes under Article 182(7). The Court treated established precedent as controlling; it did not indicate that it was creating a new precedent beyond direction consistent with those authorities.
This summary is drawn exclusively from the text of the provided opinion and does not include information beyond what the opinion contains.
Tek Chand, J.:— In order to appreciate the respective contentions of the parties a short pedigree-table is given below:—
2. Shrimati Atti is widow of Budh Singh who predeceased his father Harnam Singh. Harnam Singh died in May 1953 leaving three daughters, Parmeshri, Khushali, and Gurdit Kaur, who are appellants, and Shrimati Atti, widowed daughter-in-law. On 8th July, 1946 Shrimati Atti sued her father-in-law Harnam Singh for possession of 85 kanals 19 marlas on account of her maintenance. The suit was filed in the Court of Sub-ordinate Judge, Dasuya, District Hoshiarpur. On 28th April, 1947 the parties entered into a compromise and a decree was passed in terms of the compromise.
3. The decree was to the effect that Harnam Singh shall give to Shrimati Atti grain weighing 25 maunds; 12½ maunds of wheat was to be given in the month of Jeth and 12½ maunds of maize in the month of Kartik. In the event of default the decree-holder was to get possession of one-half of the land in suit. It is admitted that no execution was taken out till 22nd June, 1955 when Shrimati Atti sought execution of the decree for the first time. The main contention of the appellants, who were brought on the record as the legal representatives of Harnam Singh deceased, was that the execution was barred by time as no step of any kind was taken with a view to execute the decree for the last eight years. The executing Court framed the following issues:—
(1) Is the decree-holder entitled to possession of the land in dispute?
(1A) Are the respondents bound by the decree?
(2) Is the execution within time?
(3) Relief?
4. The issue as to the appellants' being the legal representatives of the deceased Harnam Singh was not challenged and in view of this it was found that they as the legal representatives of Harnam Singh were bound by the decree. It was only the second issue that has been the subject-matter of contest in the proceedings in the lower Courts as well as in this Court. The executing Court upheld the contention of the appellants and came to the conclusion that the application for execution was barred by limitation in which according to the finding of the trial Court the starting point of limitation was the date of first installment for giving of grain in the month of Jeth following the decree, i.e, in June 1947. The application dated 22nd June, 1955 was, therefore, held to be barred by limitation. The application was consequently dismissed but no order was passed as to costs. Against the above order of the Sub-ordinate Judge 2nd Class, Dasuya, dated 17th April, 1956, Shrimati Atti filed an appeal in the Court of the Senior Sub-ordinate Judge at Hoshiarpur which was allowed. The Senior Sub-ordinate Judge held that under Article 182(7) of the Indian Limitation Act the execution application is within time and supported his finding with-reference to a ruling of Privy Council in Maung Sin v. Ma Tok . A.I.R 1927 P.C 146 and Ainul Haq Khan v. Mt. Nawaban . A.I.R 1939 Oudh. 281.. It was held that Shrimati Atti need not have enforced her right to get grain for her maintenance twice a year. The appeal was allowed and the order of the trial Court was reversed and it was held that the execution application in question would proceed and the decree-holder would be entitled to obtain possession of the land in terms of the decree. Parties were ordered to bear their own costs throughout. In this Court the appellants have come up in appeal seeking reversal of the judgment of the Senior Sub-ordinate Judge and restoration of the order of the trial Court.
5. I have heard the parties' learned counsel. Mr. K.L Jagga appearing on behalf of the appellants, had raised three arguments. His first argument is that Article 182(7) of the Indian Limitation Act is inapplicable to the facts of this case because according to the terms of the decree the judgment debtor was required to deliver goods, i.e, grain, twice a year and not to make any payment of money. He wants me to read the words “where the application is to enforce any payment which the decree or order directs to be made at a certain date such date,” to refer to payment in cash and not to payment in kind. He has not referred me to any authority in support of this restricted meaning of the word “payment.” According to the Oxford English Dictionary the word ‘payment’ has among others, the following meaning:—
“The remuneration of a person with money or its equivalent; a sum of money (or other thing), pay.”
6. Similarly the word ‘pay’ has also the following sense:—
“to give, deliver or hand over (money, or some other thing) in return for goods or service, or in discharge of an obligation.”
7. ‘Pay’ also means ‘to give money or other equivalent in return for something or in discharge of an obligation.’ In an American publication, Words and Phrases, Permanent Edition, Volume 31, at pages 483 and 481, the following instances are given where the term ‘payment’ is used in the larger sense in being not only in cash but also in kind.
“Anything of value delivered by debtor and accepted by creditor in discharge of debt will constitute payment. Smith v. Mills . 230 P. 350, 353. Anything of value given by debtor and accepted by creditor may, by parties' agreement, constitute ‘payment.’ Rev. Codes 1921, S. 7429. Gallaher v. Theilbar Realties . 18 P. 2d. 1101, 1103 ‘Payment’ is made by the debtor delivering to the creditor money or some other valuable thing to extinguish the debt which is received by the creditor for the same purpose. Persons v. Gardner . 106 N.Y.S 610, 616, 619. ‘Payment’ implies a discharge of the obligation according to its terms, or by something given and received of agreed value euqal to the debt or liability J.F Morgan Paying Co. v. Carroll . 99 So. 640, 641 Payment made be in any mode which the parties agree shall be treated as the equivalent of a money payment. It may be by means of anything of value which by mutual consent is given and accepted on account of or in satisfaction of the debt. Blair v. Harris . 42 N.W 790, 794, Weir v. Hudnul . 18 N.E 24, 25. The above makes it clear that the word ‘payment’ has no narrow technical legal meaning restricted to payment of money. It signifies satisfaction of a claim and in this case, the decretal claim. It is the policy of law that Article 182 should receive a fair and liberal and not a technical construction so as to enable the decree-holder to reap the fruits of his decree. It will not be in consonance with the principles of just interpretation, to strain the language of Article 182 in favour of a judgment-debtor who has no paid his just debt. This view has been expressed in several authorities, among others, in Akshoy Kumari Dabi v. Nalini Ranjan Mukherjee . A.I.R 1950 Cal. 493 and Annapurnamma v. Venkamma . A.I.R 1938 Mad. 323., Justice ought not to be allowed to be defeated by technicalities of the nature referred to in the above argument, advanced on behalf of the appellants, who wished to deprive their widowed sister-in-law of her legitimate maintenance for obtaining which, she was compelled to go to a Court of law and got a decree. The appellants cannot put a premium on the fact that as they had failed to supply the grain to her in the previous years, that conduct of theirs should become a justification for permanently depriving the respondent of her livelihood.
8. The next argument of Mr. Jagga is equally ineffective. His contention in brief is, that Article 182 contemplates cases where the decree contemplates payment in installments of the decretal amount and in default the entire amount of money becomes payable. He says, that in this case, the decree provides for supply of grain twice a year on installment basis and in default it orders possession of land. Mr. Jagga thinks that such a decree is of a novel character and for its execution there is no provision under Article 182 of the Indian Limitation Act. There is no substance in this contention. In Muhammad Islam v. Muhammad Ahsan . I.L.R 16 All 237., the decree was for possession of immovable property, but its execution was contingent on default being made by the judgment-debtor in the payment year by year of a certain annuity to the decree-holder. In that case too it was held that the decree-holder was not obliged to execute such decree once and for all upon the occurrence of the first default, and might be executed on any such subsequent default. The decree in Har Gopal v. Ram Rachhpal . I.L.R 2 Lah. 155, was of a similar nature. In that case the appellant had obtained a decree against the respondents for Rs. 370/- payable in annual installments of Rs. 25/-, which provided, that in default of payment of the whole or part, the judgment-debtors would put the decree-holder in proprietary possession of 5 bighas 4 biswas of land. In that case no installment had been paid under the decree for a period of nine years, and the decree-holder applied to be put in possession of the land. The High Court of Lahore held that it was not intended that the option given to the decree-holder of obtaining possession of the land on a default being made in payment, was to be exercised only on the occurrence of the first default. The decree-holder was entitled to apply for delivery of possession on the occurrence of any subsequent default and the application was consequently held to be within time. In Maung Sin v. Ma Tok, the facts were that in 1916 the respondent had obtained against the appellant, who was her husband, a decree in terms of an award. The decree provided that certain properties would remain in the possession of the husband ‘who will pay to the plaintiff (wife) annually the sum of Rs. 2000/- in the month of Kason, on default of payment of the same (Rs. 2000/- annually) the said properties will be made over to the plaintiff (wife)’. No payments had been made for 1923 and 1924. In 1924 an application was made by the wife to execute her decree in respect of the amounts and also she asked for delivery of possession of the properties on the default so made. The Privy Council, agreeing with the High Court at Rangoon, held that she was entitled to execute the decree for the two annual installments, and also for the possession of the properties referred to in the decree. Upon the true construction of the decree, in the view of their Lordships of the Privy Council, each installment as it fell due was a claim originating under the decree from the date when such claim arose, and to which the provisions of clause 7 of Article 182 of the First Schedule of the Indian Limitation Act applied. In the light of the above authorities it is futile for the appellants to contend that Article 182(7) is not applicable, or, that the execution application is barred by time.
9. Lastly it was contended by Mr. Jagga that the only Article which was applicable was Article 181 and he referred me to a Division Bench judgment of the Allahabad High Court, Mt. Bhagwati v. Sant Lal . A.I.R 1946 All. 360.. That was a case of a preliminary mortgage decree for sale, providing, that the decretal amount would be paid in installments and in case of non-payment of any three installments the entire unpaid amount would be payable in a lump sum. It was held in that case that the expression “when the right to apply accrues” means “when the right to apply first accrues”. This authority having regard to the facts of this case, has no applicability.
10. The result of the above discussion is that the contention of judgment debtors-appellants is unsound and I hold that the execution application of Shrimati Atti respondent is within limitation under Article 182(7) of First Schedule of the Indian Limitation Act. The appeal of Shrimati Parmeshri and others is dismissed with costs throughout.
11. Appeal dismissed.
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