ADDITIONAL SPECIAL TAHSILDAR Vs. R.M.CHINNARAJ

JUDGEMENT

(1.) Aggrieved over the Order of the executing Court Ordering attachment on the basis of the calculation memo filed by the decree holder, present revision has been filed.

(2.) The admitted facts are as follows : Originally the land was acquired and the Collector passed an award for a sum of Rs.1,17,026.00 and in a reference, the Subordinate Court awarded enhanced compensation of Rs.12,67,465.30 and also fixed a sum of Rs.2,00,016.43 as an additional market value at the rate of 12% from the date of notification under Sec. 4(1) i.e. 17/6/1966 to the date of award. Besides a sum of Rs.3,80,239.59 has been awarded towards solatium. Accordingly, the total enhanced compensation amount was Rs.18,47,721.36. Deducting the original award amount of Rs.1,17,026.00 the balance enhanced compensation to be paid to the decree holder was a sum of Rs.17,30,695.00. These facts have not been disputed by both sides.

(3.) The Court also awarded interest at the rate of 9% per annum from the date of possession i.e., one year from 6/11/1997 to 5/11/1998 and also awarded interest at the rate of 15% per annum from 7/11/1998 till the amount is deposited, i.e., from 6/11/1998 to 6/9/2004. Accordingly, the amount to be deposited including interest as on 6/9/2004 is about 34,02,211.55. Thereafter, it appears that on 7/9/2004, a sum of Rs.7,11,133.00 was deposited by the judgment debtor. These facts are also not in dispute. Similarly a sum of Rs.26,91,699.00 has been deposited on 27/1/2010 and a sum of Rs.8,20,120.00 was deposited on 20/1/2014.