R LINGARAJ Vs. ARUMUGHA PANDIAN

JUDGEMENT

(1.) The revision petitioner is the judgment debtor. He is aggrieved by the order passed by the executing Court in the E. P. filed by the respondent.

(2.) The suit filed by the respondent on a pro-note dated 3-2-2000 for a sum of Rs.10,000/- was decreed on 19-9-1997. The salary of the judgment debtor was attached and amounts were credited to the suit account. The respondent, after adjusting the interest,costs and the principal, claimed that the amounts due as on 15-9-1997 was Rs.7,229.91. This was ordered by the Court below.

(3.) Learned counsel for the petitioner would submit that on 15-10-1999, the decree holder received a sum of Rs. 10,680/- by way of cheque from the petitioner. On that date, as per the memo of calculation given by the respondent, only a sum of Rs. 7,229/- was due. So, this would clearly show that the petitioner had totally discharged the amount due under the decree debt. He also submitted that the respondent is not entitled to interest once the amounts have been deposited. His grievance was that the Court below had, without questioning, accepted the accounts given by the respondent.