M NARAYANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE properties belonging to the petitioner were brought to sale pursuant to an award obtained by the Respondent No. 2 against the petitioner.

(2.) THE case of the petitioner is that, during the pendency of these proceedings, he has paid a sum of Rs. 3,2007- in full discharge of the debt due to the 2nd Respondent Bank on 28. 6. 1977. Further it is submitted that, eventhough the entire amount is paid, the execution Proceedings continued and in the said Execution proceedings the property was purchased by the State Government there were no bidders. Again the petitioner in order to get the sale set aside was called upon to pay a sum of Rs. 3,450/- which includes the loan and miscellaneous expenditure incurred by the Bank. The said amount was also paid on 30. 3. 1984. Again the Respondent no. 2 Bank called upon the petitioner to pay 5% solatium of the sale consideration for the purpose of reconveying the property to the petitioner. This amount was also paid by the petitioner.

(3.) THEREAFTER, when the petitioner approached the Deputy Commissioner to reconvey the property, the Deputy Commissioner by his notice dated 23. 5. 1996 rejected the request of the petitioner on the ground that the said land was already been distribed to other persons. The statement made by the petitioner that he has paid the amount during the pendency of the Execution proceedings and had also paid the amount once again even though he is not due on 30. 3. 1984 and the payment of solatium at 5% are not disputed by the respondents eventhough they are served.