Union of India (UOI) and Another vs Harnam Singh and Another

Hemant Gupta, J.—The present petition is directed against the order passed by the learned Executing Court on 3.11.1987, whereby the Executing Court ordered that the payment already made should be adjusted towards the costs, interest, solatium and the market value of the land acquired.

The issue whether the payments made by the judgment Debtor from time to time are to be adjusted towards the costs, interest or principal amount has been adjudicated by the Hon''ble Supreme Court in Gurpreet Singh Vs. Union of India (UOI), , wherein the principles as to how the part payments are to be adjusted in satisfaction of the awarded amount have been explained.

In view of the said fact, the impugned order passed by the learned Executing Court cannot be sustained. Consequently, the present revision petition is allowed. The impugned order passed by the learned Executing Court is set aside. The matter is remitted back to the Executing Court for passing the order afresh keeping in view the judgment of the Hon''ble Supreme Court in Gurpreet Singh''s case (supra).