MIDUMOLU LAKSHMINARASIMHA RAO Vs. VEMURU SARAMMA

JUDGEMENT

(1.) The only question that arises for consideration in these two appeals is whether poundage fee should be levied by the court before setting aside the sale held in execution of a decree for redemption.

(2.) The appellant, who is the 13th defendant in the suit for a mortgage decree, purchased the decree for redemption passed in O.S.No.60 of 1963 on the file of the Subordinate Judges court, Masulipatnam. The sale in execution of this decree was held in E.P.No.33 of 1966 on 31.7.1967. A petition to set aside that sale, E.A.No. 194 of 1969 was filed under Order 34, Rule 5, Civil P.C. The executing court held that the appellant was not entitled to get the sale set aside without payment into court all the amounts due from him including poundage and subsequent costs and interest after the sale is set aside. Accordingly the court directed the appellant to deposit the poundage fee by an order dated 26.3.1970. It is also directed against the appellate order confirming that order. By yet another order dated 24.4.1970 after the parties filed calculation memo, the court fixed the amount of poundage fee to be paid by the appellant., On appeal that amount has been varied. As against that order C.M.S.A.No.44 of 1971 is filed. In the executing court the appellant had also contended that he was entitled to counter interest on the amounts deposited by him pursuant to the conditional order or stay made by the appellate court.

(3.) It is seen that whatever amount was deposited it was first deducted towards interest and the balance towards the principal from the date of deposit. Hence no question of payment of counter interest arises. That is what the lower court also held. The same contention that is raised in this court has therefore no merit.