PATIALA IMPROVEMENT TRUST Vs. GOBINDER SINGH

JUDGEMENT

(1.) An amount of Rs. 3,94,400/- was paid as compensation to the respondents on account of compensation under Section 23(1)(a) of the Land Acquisition Act, 1894 , (for short 'the Act'). The aforesaid amount was paid to the claimants by the Trust. The said amount was paid to them after the claimants had furnished a Bank guarantee. However, later on, as per the law laid down by the Supreme Court, it was held that the claimants were not entitled to the aforesaid benefit of Section 23(1)(a) of the Act. Consequently, the aforesaid amount was required to be returned/refunded. The said amount was duly refunded by the claimants. The Trust claimed that they were entitled to interest at the rate of 15% on the aforesaid refund. The said claim made by the Trust was rejected by the learned Civil Judge, (Senior Division), Patiala, vide order dated May 25, 1998.

(2.) The Trust has now approached this Court through the present revision petition.

(3.) I have heard Sh. M.L. Saini, the learned Counsel appearing for the petitioner Trust and have also gone through the record of the case.