1999 (8) TMI 24

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..... OVINDARAJAN J. -- By consent of both counsel, the main writ appeal itself is taken up for final disposal. The appellants though succeeded before the learned judge in getting the impugned order set aside and thereby they got the property acquired by the respondent-authority under the provisions of the Income-tax Act, on condition that the petitioners/appellants shall refund to the respondent the .....

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..... he respondent-authority has prevented the appellants/petitioners from enjoying their property by taking possession of the same. When the lawful possession of the appellants was denied, the respondent-authority cannot claim any interest for the amount paid towards the said acquisition. Hence, the respondent-authority is not entitled to any interest as directed by the learned judge. So, the order .....

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