GEORGE Vs. STATE BANK OF TRAVANCORE

JUDGEMENT

(1.) The judgment-debtor in O.S.No. 551 of 1987 on the file of the Court of the Principal Subordinate Judge, Kottayam is the revision petitioner. He challenges the order dated 7-4-2006 in E.A.No. 163 of 2002 in E.P.No. 249 of 1990, by which the prayer to refund a sum of Rs. 78,431 as alleged excess payment, was dismissed by the court below. The suit was decreed on 17-8-1989 for realization of a sum of Rs. 78,738.90 with interest at 16.5%. E.P.No. 249 of 1990 was filed by the decree-holder bank for realization of a sum of Rs. 1,24,813.07. On 29-11-1999, the decree-holder filed a statement showing the balance amount as Rs. 78,431. On that basis, the judgment-debtor paid that amount on 7-12-1999. On 14-12-1999, the Execution Petition was closed after recording full satisfaction of the decree. The case of the judgment-debtor is that even after payment of Rs. 78,431, the original title deeds were not returned by the decree-holder bank.

(2.) On 20-1-2000, the decree-holder filed E.A.No. 45 of 2000 to review the order recording full satisfaction of the decree. In that application, the decree-holder stated that interest was not calculated for the period from 12-9-1997 to 14-12-1999.

(3.) While E.A.No. 45 of 2000 was pending, it would appear that the judgment-debtor agreed to sell the property to a third party. According to the decree-holder, Rs. 45,000 was still due to the bank at that time. The third party purchaser deposited that Rs. 45,000 before the executing court on 21-7-2001.