Madras High Court
Manavikraman vs Moyankutti on 2 September, 1903
Equivalent citations: (1903)13MLJ444
JUDGMENT
1. The decree of the Subordinate Judge is clearly wrong, The Judgment-debtor gets no option under a decree for the return of moveable property. The money amount inserted in the decree is inserted under Section 208 of the Civil Procedure Code which requires that an amount of money should be inserted in the decree as an alternative if delivery cannot be had. It is therefore only when after putting in force Section 259 of the C.P.C. it is found that it is impossible to obtain the property ordered to be delivered that the alternative amount in the decree comes into operation.
2. We set aside the decree of the Subordinate Judge and restore that of the District Munsif with costs in this and in the lower appellate Court.