ASHA KUMARI Vs. STATE OF H.P.

JUDGEMENT

(1.) The present appeal arises out of the judgment and decree dated 21.7.1994, passed by a Single Judge of this Court, whereby the suit for grant of a decree for Rs. 5,65,619.40 with costs and future interest @ of Rs. 12% per annum from the date of suit, till entire amount is realised, filed by the Appellants as Plaintiffs against the Respondents being the Defendants was partly decreed for a sum of Rs. 2,28,561/- in the following terms:

(2.) Though, a decree in the sum of Rs. 2,28,561/- has been passed in favour of the Plaintiffs, yet the same is silent about payment of any interest and to this extant the Plaintiffs are aggrieved by dissatisfied the impugned judgment and decree dated 21.7.1994.

(3.) In order to resolve the controversy between the parties, it is necessary to notice brief facts of the case. Admittedly, the Plaintiffs were the owners in possession of the property known as "Akhandchandi Palace" and "Zanana Palace" situate in the district town of Chamba, Himachal Pradesh. It is also admitted that this property was purchased by the Respondent-State of H. P. (defendant No. 1.) from the Plaintiffs, vide Registered Sale Deed Ex. P-18, executed on 30.4.1971 and registered on 7.4.1971, for the establishment of Government Degree College, Chamba, H. P. It is also not in dispute that possession of the sold property except "Zanana Palace" and "Darbar Hall" stood simultaneously delivered to the Defendant-State at the time of execution/registration of sale deed. Later on, possession of "Darbar Hall" was also delivered to the Defendant-State. However, in so far as the "Zanana Palace" is concerned, possession thereof was with one Shri Narayan Singh and his Sister, which was subject-matter of litigation between the Defendant-State and the said Shri Narayan Singh and his Sister. It is in evidence that possession of "Zanana Palace" was ultimately delivered to the Defendant-State on 17.9.1986.