JALDU ANANTHA RAGHURAM ALIAS RAMA RAO Vs. RAJAREDNAM NAGACHAYA DEVAMMA BAHADUR ZEMINDARINI

JUDGEMENT

(1.) This writ petition raises a question as to mode of recovery of money wrongfully paid under section 42 of the the Estates Abolition and Conversion into Ryotwari Act XXVI of 1948 (the Act) Jaldu Anantha Raghurama Arya alias Rama Rao the writ petitioner was the Estate holder of North Vellur taken over on 30th September, 1950, under section 3 of the Act. The wrir petitioner was paid on 8th May, 1952, Rs. 7,435; on 7th February, 1957 Rs. 16,408; on 8th March.. 1957 Rs. 1,794 on 19th April, 1958 Rs 5,075; and on 17th June, 1958. Rs. 981 and on some other dates some more amounts totalling Rs. 45807-75 were paid by the Estates Abolition Tribunal at Masulipatnam Raja Rednam Naga Chaya Devamma Bahadur the first respondent had obtained on 31st March, 1952 in O S. No. 1 of 1951 on the file of the Principal Subordinate Judge at Gudivada a preliminary (mortgage) decree for Rs. 20.840. The decree on appeal was reversed on 17th January, 1958 in A.S No. 1085 of 1952. The Supreme Court restored on the decree of the original Court on 6th May, 1965 in Civil Appeal No. 289 of 1963. Subsequently I.A. No. 819 of 1966 was lodged in the suit by the Decree Holder seeking a final decree in the Court of the first instance. The Decree creditor lodged O.P. No. 2 of 1974 before the second respondent for a direction to redeposit the amounts withdrawn by the debtor and on such a deposit the amount be paid over to him towards decree debt not discharged so far.

(2.) The writ petitioner debtor resisted the petition inter alia to contend North Velluru vested in the State Government. After "abolition of the estate' there cannot in law a debt "subsisting". The Abolition Tribunal having paid the amounts in various dates between 1957 and 1961, it was contended, became Junctus officio and the claim was barred under the statute of limitation.

(3.) The Abolition Tribunal in the impugned order on 20th December, 1978, found the petition O.P. No 2 of 1974 was lodged beyond six mon'hs. The delay was condored by order in T.A. No. 17 of 1972. hat order was affirmed by this Grurt in C.R P No. 985 of 1974 on 11th April, 1975. The compensation amount deposited in respect of North Velluru Estate was found to have been withdrawn by the writ petitioner "by making false representations that there were no encumbrances". The amount of Rs. 45,807-75 was wrongfully paid. Therefore the debtor was directed to redeposit the said amount with interest "at six per cent, per annum" and in the alternative "necessary steps" are to be adopted for "recovery of the amount".