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1 - 4 of 4 (0.18 seconds)Pappu Reddiar vs P.Sv.Rm. Ramanatha Iyer on 25 June, 1962
4. Learned Counsel for the petitioner placed reliance on the judgment the Full Bench in Pappu Reddiar v. Ramanatha Iyer . That was a case which related to restitution. The Full Bench held that when the decree-holder was prevented from withdrawing the amount in deposit in court, till the disposal of the appeal, he could not be made liable for interest on the amount deposited in court, on the decree being set aside by the appellate court and restitution being ordered in favour of the judgment-debtor.
State Of Andhra Pradesh vs Govinda Raja Rice Mill Contractors Co., ... on 6 August, 1964
That principle was followed and applied by Andhra Pradesh High Court in State of Andhra Pradesh v. Govinda Raja Rice Mill Contractors Company . The principle laid down by the Full Bench will not apply to the facts of the present case. This is not a case in which that decree-holder was prevented from withdrawing the amount deposited from court. On the other hand, he was bound by law to make the deposit. Under the Specific Relief Act, the plaintiff must prove before the court that he is always ready and willing to perform his part of the contract and it is only to show that he has performed his part of the contract, the deposit of the balance of sale consideration, it is not open to the plaintiff/decree-holder to contend that the judgment-debtor could not withdraw the same. The entitlement to enforce specific performance depends upon the deposit made by the decree-holder. Unless the decree-holder makes the deposit, he would not be entitled to execute the decree, against the defendant. Once the money is deposited as per the provisions of the Specific Relief Act or the decree, it is earmarked for payment to the judgment debtor. The court holds the money for the benefit of the defendant. If it earns interest on account of deposit in a Bank, such interest should go to the benefit of the judgment-debtor and not to the decree-holder.
The Code of Civil Procedure, 1908
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