IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 5300 of 2006 BASANTI LAL SARUPARIA V/S STATE & ORS. Mr. RK THANVI, for the appellant / petitioner Date of Order : 5.1.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the petitioner. By the award dated 17.08.2005 (Annexure-1) a decree was passed for a sum of Rs.2,25,000/- being arrears of rent from 20.03.2001 to 20.03.2004 and the amount was also directed to carry 9% simple interest. In the recovery certificate Annexure-2 it was mentioned that the amount shall carry interest from 20.03.2001, and by the impugned order it has been clarified, that the amount shall carry interest w.e.f. 20.03.2004 only. In my view, if the contentions of the learned counsel for the petitioner were to be accepted that the amount is to carry interest from 20.03.2001, it will be utter tressity of justice, inasmuch as, the amount of Rs.2,25,000/- was arrived at as on 20.03.2004 only, and was not due as on 20.03.2001 so as to entitle the petitioner to interest throughout, and even in Annexure-1 interest was not awarded w.e.f. 20.03.2001. From Annexure-1 it appears that even in the main proceedings the petitioner did not claim interest on the amount of rent upto the date of filing the petition. In that view of the matter, irrespective of any technicalities raised by the learned counsel for the petitioner, on the consideration of substantial justice, I am not inclined to interfere with the impugned order. The writ petition is, therefore, dismissed summarily. ( N P GUPTA ),J. /ashwini/