PRABHA SAXENA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is a revision petition directed against the execution order passed by the Second Add!. District Judge, Shivpuri in Execution case No. 2B/86, whereby a decree in the sum of Rs. 99,537.81P with interest at the rate of 10% per annum was passed by order dated 19.12.88. The trial Court awarded an interest w.e.f. 10.9.86.

(2.) DURING the course of execution, a sum of Rs. 44,000/ - was deposited by the respondent. The trial Court pointed out the total amount which had been paid to the decree holder was Rs. 1,36,594/ - and he was entitled to Rs. 1,22,422/ -. Therefore, a sum of Rs. 14,172/ - has been paid extra and directed that this amount should be deposited back by the plaintiff.

(3.) THE learned counsel for the petitioner submitted that when the amount of Rs. 44,000/ - was deposited by the defendant on 11.12.89, then the interest on that date on a total amount of Rs. 99,537/ - was Rs. 32,349/ -. This should be adjusted against the interest and remaining amount should be adjusted against the principal sum.