GULZAR SINGH Vs. PUNJAB STATE AND ANOTHER

JUDGEMENT

(1.) This order will also dispose of Civil Revision Petitions Nos. 1166 and 1167 of 1988, as the question involved is common in all these cases.

(2.) The controversy between the parties before the executing Court was as to whether the interest is to be calculated from Dec. 24, 1974,' when the possession was taken from the landowners or from the notification dated Oct. 30, 1975, by which the land was acquired subsequently. On behalf of the judgment-debtors it was contended that the interest was to be calculated from Oct. 30, 1975; particularly when deciding the reference it was not made clear that the interest was to be calculated from Dec. 24, 1974. It was also pointed out that the executing Court cannot go behind the judgment in the land reference. The learned executing Court found that the decree-holder was entitled to the interest from Oct. 30, 1975 and not from Dec. 24, 1974.

(3.) The learned counsel for the decree-holder submitted that originally, the reference was decided on May 14, 1984, by the Additional District Judge, Bhatinda, but later on, an application was filed under section 152 and 153-A, read with section 151, which was allowed vide order dated Feb. 20, 1986, in which it was made clear,-