Supreme Court of India
Kok Singh v. Deokabai
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What the Court ordered
We hold that even if the respondent did not file any appeal from the decree of the trial court, that was no bar to the High Court passing a decree in favour of the respondent for the enforce-. F ment of the charge. · There is no substance in the contention that all the payments made by the appellant have not been given credit to by the respondent in view of the concurrent findings of the courts.
Judgment, page 3
From the headnote
Code of Civil Procedure, O.XLI; r. 33-High Court if competent to pass • decree fdr enforcement of charge even when no appeal filed. The appellant, who bought property from the respondent's husband, co venanted that in case of non-payment of the consideration, the amount due would be a charge upon the property. The respondent, on the death of her hmband, filed a suit on the ground that the appellant defaulted to pay the full purchase money of the property. The ·trial court held that no dec~ee could be passed for enforcing the charge against the· property as it was held in occupancy right by
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