M SHAM SINGH Vs. STATE OF MYSORE

JUDGEMENT

(1.) This is an appeal by special leave from a judgment of the Mysore High Court in suit filed by the State of Mysore against the present appellant for recovery of Rs. 40,000/- together with interest on account of the breach of the terms of bond dated July 2, 1947 by virtue of which the appellant received certain amounts by way of scholarship and expenses for studies abroad.

(2.) The facts may be shortly stated. On September 11, 1946 the appellant applied to the State Government for an overseas scholarship and the same was sanctioned in his favour. The appellant was required to execute a bond which he did on July 2, 1947 . In the bond (Ext.. 5) it was stated inter alia that the scholar had to accept and be bound by all the conditions specified in the rules contained in the annexure to the Government proceedings mentioned therein. Clauses 3 and 4 are reproduced below:

(3.) The appellant completed his studies at the Polytechnic Institute of Brooklyn, New York in September 1949 and obtained the diploma from that Institute on June 14, 1950. On July 6, 1950 he returned to Bengalore and wrote a letter dated July 18, 1950 to the Government of Mysore saying that he had returned from the United States after the completion of his studies there. On November 29, 1950 the appellant addressed a letter to the Mysore Government saying that he be permitted to return to the United states to complete his training which he had interrupted on account of the news of the ill-health of his mother to see whom he had to return to India. The appellant assured the Mysore Government that he would place his services at its disposal on his return to India. The appellant made it clear that he would be going to the United States on his own without seeking any financial assistance from the Government. The Government acceded to the request of the appellant. In its order Ext. P-4 it is stated "In the circumstances Sri M. Sham Singh is permitted to return to U.S.A. for the continuance of his studies, at his own cost, subject to the condition that he should serve the Government of Mysore for a period of 5 years after his return". The appellant left India of February 27, 1951. It appears that he never returned to India thereafter and continued to stay in the United States after taking up employment as Director of the Tourist Office at San Francisco.