- (1.) Leave granted.
(2.) For the lands of the appellants acquired by the notification under S. 4(1) of the Land Acquisition Act, published on October 15, 1971, the Land Acquisition Collector, in his award dated January 24, 1973, awarded a sum of Rs. 1,30,949.30/-. On reference, the Addl. District Judge, by his award and decree dated August 27, 1975, enhanced the compensation at the rate of Rs. 300/- per marla but, on appeal by the respondent in R.F.A. No. 15/1976, it was reduced to Rs. 255/- per marla. Pending appeal, the appellants had executed and recovered the enhanced compensation with interest on May 27, 1976. The State, therefore, filed an application under S. 144, C.P.C. on February 28, 1983 for restitution of the excess amount with interest payable thereon. The appellant had deposited principal excess amount of Rs. 57,920.26 on February 21, 1985. The District Judge by his order dated March 15, 1985 while upholding restitution of the excess amount, disallowed interest payable thereon. On appeal, the High Court, by the impugned order in Execution F.A. No. 1374/85 dated November 5, 1985 directed the appellants to pay interest. Thus this appeal by special leave.
(3.) Learned counsel for the appellants vehemently contended that in an application for restitution under S. 144, of the C.P.C. the respondent is not entitled to the interest, since there was no direction to pay interest. We find no force in the contention. Admittedly, the appellants had realised the enhanced amount of compensation with interest computed under S. 28, of the Act.;