PRITPAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE batch of revision petitions is against the orders passed in execution allowing for the objection of the State to prevail which contended for a position that the payments made towards the decretal amounts that represent the awards determined under the Land Acquisition Act have to be appropriated towards the principal. This objection was accepted by the Executing Court.

(2.) I have in my order in yet another case in C.R. No. 5618 of 2012 decided on 05.09.2013 held that if there was an outstanding interest payable, a judgment debtor cannot compel a decree holder to give an appropriation of payments made to go towards the outstanding principal. I have in the judgment stated that the appropriation shall first be towards the interest and only if there exists a balance of amount in the total paid, it shall go for deduction from the principal. I have in the said case also approved of a memo of calculation setting out the various payments made and the appropriation which were to be first applied for discharge of outstanding interest before the principal amount could be deducted. The principle that is laid down in the said judgment ought to apply apply a fortiori in all these cases as well.

(3.) THE impugned orders passed by the Execution Courts are set aside. The Executing Court shall take up further process in execution on the basis of calculation provided by the decree holder allowing for appropriation towards the outstanding interest for any amount paid and for only the balance of amount to be appropriated towards the principal.