PAPPU SURAMMA Vs. BOGGAVARAPU SOMANNA DIED BOGGAVARAPU SURYANARAYANA

JUDGEMENT

(1.) The question that calls for decision in this appeal is whether interest should continue to run even after the deposit of the decretal amount was made into Court at the instance of the appellant.

(2.) The appellant obtained a decree against defendants 7 and 8 (respondents herein) inter alia for a sum of Rs. 5,308-4-7 and Rs. 1,493-3-8 respectively in O. S. No. 141 of 1950 on the file of the Sub Court, Rajamundry. Against the decree, both the defendants preferred an appeal and applied for stay of execution of the decree. The appellant opposed this application and alternatively suggested that as a condition of the stay being granted, the decretal amount should be deposited in Court, which she would withdrew on furnishing security. Stay of the decree was ordered on the condition indicated above, and the respondent, accordingly deposited the money. The appellant could not withdraw the amount as she could not furnish security. Ultimately, the appeal was dismissed.

(3.) Thereafter the appellant sought to recover a sum of Rs. 2,418-14-8 as representing interest from the date of deposit into Court up to the date of the passing of the final decree. This was resisted by the respondents on the ground that interest had ceased to run on the amount from the date of the deposit into Court. This objection did not weigh with the Subordinate Judge, Rajamundry, who directed payment of the sum claimed. On appeal by the unsuccessful judgment-debtors, Justice Sanjeeva Rao Nayudu reversed the decision of the trial Court and dismissed the petition for recovery of this interest.