1995 (3) TMI 497

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....e granted. 2. For the lands of the appellants acquired by the notification under Section 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/- pe....

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....el for the appellants vehemently contended that in an application for restitution under Section 144 of the CPC, 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 Section 28 of the Act. 4. Under Section 144 C.P.C.....

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....the other party for what he has lost. The court, therefore, is bound to restore the parties, as far as they can be, to the same position they were at the time when the court by its erroneous action had displaced them from it. Equally where a sum of money was recovered in execution by a decree which was subsequently reversed or varied, the judgment-debtor is entitled to get back not only the sum re....

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....mount at Rs. 300/- per marla in execution with interest. So the appellants are liable to restitute the excess amount realised in execution of the decree of the reference court or appeal under Section 54 with interest. Granting of interest or damage or compensation is consequential to the variation, reversal or setting aside of the enhanced compensation under Section 23(1) and computation of statut....