RAJA NARENDRA LAL KHAN Vs. BOMKESH MITTER

JUDGEMENT

(1.) This appeal arises out of proceedings in execution of a decree, and the question involved in the appeal is whether the decree-holder, who is the appellant before up, is entitled to interest on the amount of compensation for which he obtained a decree against the respondent.

(2.) The decree in the original suit was dated the 30th November 1911 and the portion of it which deals with the question of compensation runs as follows: "The defendants are further directed to pay to the plaintiff compensation at the rate of Rs. 1,235 per annum from 17th August 1917 up to the date of institution of the suit and after that till delivery of possession to the plaintiff and that the sum of Rs. 1,606-9-6 be paid by defendants to plaintiff on account of the costs of this suit with interest thereon at the rate of 6 percent per annum from this date to date of realisation." When the decree-holder applied for execution of the decree for the amount of compensation and costs, the judgment-debtors objected on the ground that they were entitled to certain deductions on account of Municipal taxes paid by them in respect of the property and that they were not liable to pay any compensation subsequent to the date on which they gave up possession. These objections were upheld by the High Court on appeal.

(3.) This had the effect of reducing the amount due to the decree-holder and when the decree- holder again applied for execution, he claimed interest on the amount of compensation. The judgment debtors objected that under the decree the decree-holder was not entitled to any interest. The J Court below allowed the objection, and the decree-holder has appealed to this Court.