SPECIAL LAND ACQUISITION OFFICER Vs. AMBALAL TRIKAMLAL

JUDGEMENT

(1.) THESE five appeals which arise in execution proceedings raise a common question of law and they may conveniently be disposed of by a common judgment. The question is whether in the case of a decree which awards interest on the deoretal amount until payment, interest ceases to run from the date of deposit into the Court, although notice of the deposit has not been given to a judgment-creditor. In order to understand the question it will, I think, suffice to mention the facts in F. A. No. 517. The facts are in the main not in dispute.

(2.) IN a compensation case (NO. 176 of 1942) the District Court, Ahmedabad, passed a decree for a sum of Rs. 16,947-9-0 in place of the amount of Rs. 18,668-0-0 awarded by way of compensation by the Special Land Acquisition Officer, Ahmedabad. It appears that interest was awarded at the rate of 4 per cent. per annum on the excess amount of Rs. 3,285-9-0 from 28-3-1942, which was the date on which possession was taken till the date of payment. There was an appeal from the decree passed by the District Court, and on 10-12-1947, this Court made a decree giving a sum of RS. 25 628-11-0 instead in place of the amount of Rs. 16,947-9-0 awarded by the Court below. The claimant was given interest at 4 per cent, on the excess amount of Rs. 8,681-2-0 from the date on which possession was taken, i. e. , 28-3-1942, to the date of payment. On 5-5-1948, notice was given by the D. H. to the Land Acquisition Officer asking for the amount awarded to him by the decree. On 23-6-1948, payment of the amount was made into the Court on behalf of the J. D. On 5-10-1948, the D. H. filed darkhast No. 7 of 1948, from which F. A. No. 517 arises, to execute the decree, and in the course of the execution proceedings a purshis was filed on behalf of the appellant on 15-1-1949, stating that the amount had been already paid into the Court. Although the appellant did not file a written statement there was in effect on behalf of the appellant a plea which was one of satisfaction of the decree.

(3.) VARIOUS contentions were raised in the executing Court and the executing Court raised two issues, one of which need be mentioned in this place. That issue was: "whether the D. Hs. are or are not entitled to claim interest on the amount deposited by the opponent in Court for a period from the date of deposit till they came to know about it. " the executing Court took the view that the D. Hs. were entitled to claim interest up to 15-1-1949, i. e. , the date on which the appellant filed a purshis, Ex. 8, in the case. In accordance with this conclusion and the finding recorded on another issue the executing Court made an order directing the J. D. viz. the present appellant to deposit the balance of the amount of RS. 195-5-0 within three weeks and on 6-5-1949, the executing Court disposed of the darkhast, holding that the decree was satisfied. The J. D. appeals.