ARJUN SETHI Vs. L A COLLECTOR CUTTACK

JUDGEMENT

(1.) This Civil Revision is directed against the order dated 26-9-1994 passed by the Civil Judge (Senior Division), First Court, Cuttack, in Execution Case No. 36 of 1991.

(2.) The facts giving rise to the present Civil Revision are as follows : The petitioner and preferred opposite parties had filed Execution Case No. 36 of 1991 for execution of the decree passed in First Appeal No. 153 of 1979. The land of the decree-holders had been acquired and thereafter the subordinate Judge passed an award on 19-4-1979. As per the provisions of the Land Acquisition Act, the Subordinate Judge had granted interest as well as solatium at the rate of 15 per cent. Against the aforesaid award passed by the subordinate Judge, the Land Acquisition Officer, Cuttack (Judgment-debtor) filed First appeal No. 153 of 1979 in the High Court, which was dismissed by order dated 14-12-1989. While disposing of the appeal, the High Court observed :"

(3.) In the Civil Revision, the following contentions have been raised :-(i) The High Court having directed that the claimant is entitled to the benefits under the ended Act, the executing court cannot go behind the said decree;(ii) Even assuming that the claimant is not entitled to the benefits of Sections 23 (1-A) and 23 (2), as amended, the compensation amount having not been paid, at least the claimant should be awarded interest at the rate of 9 per cent for the first year and 15 per cent thereafter as envisaged in sections 28 and 34 of the Act.Learned counsel appearing on behalf of the State has combated the aforesaid contentions raised by the petitioner.