STATE OF HARYANA Vs. GIAN CHAND

JUDGEMENT

(1.) THIS revision is directed against the order dated December 22, 1990 passed by learned District Judge, Ambala in Execution Application No. 126/10 of 1989.

(2.) IN order to understand the controversy raised in this revision, it is necessary to notice few facts.

(3.) IN the aforesaid situation, a question arose before the executing court whether 12% interest is payable on the amount after adding 30% solatium to the market value. Learned District Judge after relying on a Division Bench judgment of this Court in State of Haryana v. Smt. Kailashwati and Ors. , (1980) 82 P. L. R. 122 came to the conclusion that the claimants are entitled to interest at 12% on the amount of solatium as well. The other point that arose for consideration before the learned District Judge was, whether the claimants are entitled to adjust partial payment made by the State first towards the amount of costs and interest etc. and balance towards the principal. This question was also answered by the learned District Judge in favour of the claimants in view of the judgment of this court in Trilochan Singh v. State of Haryana, (1990-1) 97 P. L. R. 311. Aggrieved by the said order, the State of Haryana has filed the present revision petition.