Khoshdeb Biswas vs Satar Mondol and Others

In this case we are of opinion that the plaintiff can recover the whole amount due on the bond, notwithstanding Section 135 of the Transfer of Property Act. We agree with the decision of this Court in Grish Chandra v. Kashisauri Debi 13 C. 145that the section does not apply where the money is recovered by suit after a contest as to the liability of the defendant. We think, however, that if the money paid by the plaintiff for the claim, with interest and expenses, were paid into Court immediately on the suit being brought, that would be a payment within the meaning of the section, and would release the defendant from further liability.