The Tribunal also directed that a sum of Rs.11,008.50 be paid to the Govern ment from out of the amount of companypensation which was then deposited.
Judge, Vishakhapatnam, the Government claimed the recovery of the said amount with interest at the rate of 6 per annum and also claimed a priority over the other creditors.
TOP 5/69 for payment of the balance of Rs.63,305 with interest thereon at the rate of 6 per annum from 1 7 49 till the date of payment.
TOP 123/58 to the Estates Abolition Tribunal and Distt.
The Tribunal by its Order dated 15 12 62 allowed the claim for the amount, but rejected the claim for priority.
It appears that sufficient number of Telugu Brahmin students were number available and hence the Executor of the Will had applied for utilisation of the said amount for the Gosha hospital, and in that application, the High Court had directed that out of the accumulated surplus interest of Rs.47,897 in the said Banaras Charities Fund, a sum of Rs.30,000 be capitalised and deposited with the Estate and the interest thereon at the rate of 3 per annum be utilised to meet the recurring annual expenditure of the Gosha hospital.
The said fund will hereinafter be referred to as the Banaras Chari ties Fund.
The Government also claimed priority over the other creditors for the said amount as well.
Against the said order, the Government preferred an appeal to the High Court being STA No.It appears that subsequently, another sum of companypensation being Rs.11,78,581.09 was deposited, and hence the Government filed another application, viz.
The Tribunal by its same order of 15 12 62 allowed the Governments claim for the amount, but rejected the claim for priority.
After the abolition of the Estate, the Government filed before the Tribunal a claim application being TOP No.
The Tribunal accepted the appel lants companytention and held that the claim for interest was rejected earlier and disallowed the same.
From the Judgment and Order dated 28.12.1973 of the Andhra Pradesh High Court in S.T.A. Nos.
The late Rani of Rewa by her same Will had also deposited another sum of Rupees one lakh with the Estate with the direction that the interest thereon should be utilised in feeding Telugu Brahmin students studying ad vanced Sanskrit Literature and Shastras at Banaras.
R. Seetharaman and T.V.S.N. Chari for the Appellant.
In this application, the appellant did number dispute the Governments claim for Rs.63,305 but companytended that numberinterest on the sum of Rupees one lakh or on any part thereof was payable since according to him the Tribunal had rejected the claim for interest by its earlier Order of 15 12 62 in TOP 123/58.
The Government filed an appeal against the said Order being STA No.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
124/58 for recovery of the said sum of Rs.30,000 with interest at the rate of 6 per annum.
1/64 in the High Court, but the same was dismissed.
Against the said Order, the Government preferred an appeal to the High Court being STA 1/71.
80405 of 1975.
The Tribunal also directed the payment of Rs.36,695 to the Government out of the total amount of companypensation which was then deposited with it.
The late Maharani Appalakondayamba otherwise popularly known as Rani of Rewa had executed a Will on 14 12 1911 creating a permanent endowment of a sum of Rs.1,00,000 for the maintenance of the said hospital.
The Judgment of the Court was delivered by SAWANT, J The present appeals arise out of the proceed ings for the determination of the claims of the creditors and directions to pay them on the abolition of the Estates of the Vizianagaram and taking over of the same by the State Government under the Andhra Pradesh Andhra Area Estates Abolition and Conversion into Ryotwari Act, 1948 herein after referred to as the Act .
This amount was kept in deposit with the Estate.
1 and 3 of 1971.
C. Bhandare, A.V.V. Nair for the Respondent.
Since the Government had taken over the hospital by its Application No.
Under the provisions of the said Act, on 7 9 1949 the Gosha hospital at Vizianagaram which was till then manned by the hereditary landlord and zamindar of the impartible Estate of Vizianagaram hereinafter referred to as the Estate was handed over to the State.
