- (1.) This order will dispose of Civil Revision Nos. 755 and 756 of 1986 as common question of law arises therein.
(2.) The petitioners' land was acquired by the State Government. Compensation was allowed to the claimants along with interest, costs etc. In Civil Revision No. 755 of 1986 which arises out of R.F.A. No. 19 of 1961 the claimants were entitled to Rs. 1,66,666.81 on 15th January, 1971. This amount included costs and interest upto 15th January, 1972, solatium and the price of the land. The State Government paid the amount by instalments and the total amount paid is as follows :- Date of payment Amount paid 15.1.1972 ... ... ... Rs. 1,43,189.62 3.2.1986 ... ... ... Rs. 6,560.40 30.5.1986. ... ... ... ... Rs. 17,397.54 TOTAL : Rs. 1,67,147.56 In the other case Civil Revision No. 756 of 1986 which arises out of R.F.A. No. 20 of 1961, the total amount payable to the claimants as on 15th January, 1972 was Rs. 29956.38 against the total payment of Rs. 29957.89. The State Government had made the aforesaid payment from time to time between 15.1.1972 and 30.5.1986.
(3.) The only point which arises for consideration is as to how to adjust the payments made from time to time whether first towards the principal amount due to the claimants, then to costs and then to interest or the claimants are entitled to adjust the payments from time to time and first appropriating towards the cost and then towards the interest and then towards the principal amount due under the award of the Court. I am of the opinion that the claimants were entitled to adjust the payments from time to time first towards the costs, then towards the interest, then towards the solatium and the market price. According to the claimants, about Rs. 20,000/- are still due to them in Civil Revision No. 755 of 1986 and some amount in the other Civil Revision i.e. Civil Revision No. 756 of 1986. Let the determination be made by the executing Court in the manner indicated above and the balance if any be got paid to the claimants.;