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1942 Supreme(Mad) 229

KING
Rao Bahadur Mothey Gangaraju Zamindar Garu of Ellore – Appellant
Versus
Sree Raja Bommadevara Venkatrayulu Naidu Bahadur Zamindar Garu of Pangidigudem – Respondent


JUDGMENT

King, J.

1. The parties in this petition are decree-holder and auction purchaser respectively in the matter of a sale held in 1933. The auction purchaser, of course, deposited the money required including poundage, and this money remained in Court for four years. In the meanwhile the judgment-debtor initiated proceedings which resulted in the setting aside of the sale. The auction purchaser accordingly applied for the return of his purchase money and also for the return of poundage. The first order which was passed by the learned Subordinate Judge of Ellore was on the 25th November, 1939. In that order the return of the money with interest was ordered, but the petitioner was informed that he should apply to Government if he wished to obtain refund of the poundage. The decree-holder was dissatisfied with this order in so far as it called upon him to pay interest and he applied under Order 47 for review. The learned Subordinate Judge granted the review and passed an order refusing to call upon the decree-holder to pay any interest to the auction purchaser. He also reviewed that part of his previous order which dealt with the question of poundage holding that one half of the po


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