M ELUMALAI Vs. DEVI ALIAS PERUNDEVI

JUDGEMENT

(1.) THIS revision petition is against the order of X assistant Judge, City Civil Madras dismissing the application filed by the petitioner herein for payment of Rs. 4,054. 30 from out of the court deposit.

(2.) THE basis of the claim of the petitioner is that he filed a suit for specific performance O. S. No. 4986 of 1983 against the respondents on an agreement dated 10. 12. 1982. THE was initially decreed ex parte on 8. 11. 1985. It is stated that the petitioner deposited balance of sale consideration of Rs. 66,380 seen thereafter. THE ex parte decree was setand a decree after contest was passed on 20. 1. 1987. THEreafter, the amount depositedthe petitioner in court was deposited in Vijaya Bank, T. Nagar Branch, madras, at his instance on 27. 3. 1987 in the form of a cash certificate. That deposit earned interest and on the when the petitioner filed the application before the court below, a sum of Rs. 4,054. 30 accrued by way of interest.

(3.) IT is to be noted that the deposit in Bank was made only in March, 1987 after the decree in the suit was passed. Hence, by stretching the provisions of law to any extent, petitioner cannot claim that he is entitled to the interest that has accrued on the deposit Bank. After the decree, the remedy of the petitioner is only to execute the decree and take sale deed in his favour. The respondents filed an appeal and applied for stay. Ultimately, stay was vacated. The petitioner can now get the sale deed executed in his favour executing the decree. But, he cannot claim the interest that has accrued on the consideration deposited by him as directed by the decree.