H C NARASIMHAIAH Vs. T G VASANTHA GUPTA

JUDGEMENT

(1.) This order will dispose of both the Civil Revision Petitions -3372 of 1990 and 1123 of 1991 - the earlier petition filed by the Judgment-Debtor, H.C. Narasimhaiah and latter one filed by the Decree-holder Sri T.G. Vasantha Gupta, both being aggrieved by the order dated 7-11-1990 passed by the Subordinate Judge, Adoni, in I.A. No.239 of 1990 in E.P. No.88 of 1978 in O.S. No.14 of 1974.

(2.) The brief facts leading to these two revision petitions may be summarised thus: The petitioner in C.R.P. No.1123 of 1991 Sri T.G. Vasantha Gupta filed O.S. 14 of 1974, on the basis of two simple mortgage deeds dated 22-9-1958 for Rs.95,000/-, against the petitioner H.C. Narasimhaiah in CRP No.3372 of 1990 and three others in the Court of Subordinate Judge, Adoni. A preliminary decree was passed in his favour on 16-8-1977 and final decree was passed on 26-8-78. Thereafter/he filed E.P. No.88 of 1978 for effecting sale of both the properties involved in the two simple mortgages referred to above. The Decree- holder, petitioner in CRP No.1123 of 1991, participated in the auction sale with the permission of the Court; auction was effected on 12-12-1979 and he was the highest bidder for Rs.2,51,000/-. He claimed set off of this amount i.e., Rs.2,51,000/- from the decretal amount of Rs,4,22434-99 ps. The Judgment- Debtor - petitioner in CRP no.3372 of 1990 had started depositing the decretal amount from 24-2-1982 and he had been frequently depositing the money in the Court; the balance money of Rs.3,50,000/- was deposited in the Court on 27-1-1986. Then, the Judgment-Debtor, petitioner in CRP No.3372 of 1990 applied for getting the sale set aside, as it was not confirmed by then; he had deposited the complete decretal amount on 27-1-1986. The decree-holder objected to it, but the sale was set aside by the Court on 5-8-86. Aggrieved by this order, the Decree-holder filed C.R.P. No.2860 of 1986 in this Court, but that petition was dismissed on 15-6-1990 as it was withdrawn. Thus, after the dismissal of the said petition, the order dated 5-8-1986 setting aside the order of sale passed by the lower Court was restored. Then, the decree-holder on 12-7-1990 filed a cheque petition in LA. No.239 of 1990 for withdrawal of the amount deposited by the petitioner -Judgment-debtor in CRP No.3372 of 1990; the judgment debtor filed objections in it to the effect that the decree-holder was not entitled for a solatium at 5 per cent over the purchase amount of Rs.2,51,000/- and he i.e., decree-holder was also not entitled to receive the amount of interest accrued as a consequence of enhanced rate of interest for the portion of the decretal amount deposited by the lower Court in Fixed Deposits with the Vysya Bank. The lower Court rejected both the contentions of the judgment debtor - petitioner in CRP No.3372 of 1990 by the impugned order dated 7-11-1990. It also held that the decree holder was entitled to a total amount of Rs.4,68,500-53 ps. only. The Judgment Debtor and the Decree-holder, both found themselves aggrieved by the aforesaid impugned order, have filed the present revision petition Nos. 3372 of 1990 and 1123 of 1991 respectively.

(3.) I have heard the learned Counsel for the petitioner in CRP No3372 of 1990 and have carefully gone through the record of the case. None appears for the respondent in CRP Np.3372 of 1990 and the petitioner in CRP No.1123 of 1991.