- (1.) The petitioner alleges the respondents took possession of more area than was covered by the sale deed that was executed by the petitioner on 12 May 2005 in favour of the respondents for construction of a road. It transpires that the petitioner had earlier instituted Original Suit for payment of compensation for the excess area. The suit was dismissed on 17 January 2008 but the First Appeal filed by the petitioner was allowed on 2 April 2009. It is also stated that the Second Appeal filed by the Authority had also been dismissed. The petitioner then filed Execution Case No.9 of 2009.
(2.) This petition has now been filed claiming interest on the delayed payment of compensation. Learned counsel for the petitioner submitted that the petitioner is entitled to payment of interest for the reason that compensation, which should have been paid to the petitioner at the time when possession of the land was taken, was paid later.
(3.) We find it difficult to accept this submission of learned counsel for the petitioner. The petitioner had instituted a suit for payment of compensation and it was for the petitioner to have claimed interest in the suit. Having failed to claim interest, it is not open to the petitioner to now claim interest in this petition as such a relief is barred by principles of res-judicata.;