LAWS(DLH)-1996-1-128

SYNDICATE BANK Vs. LUXMI DUTT GUPTA AND ORS

Decided On January 03, 1996
SYNDICATE BANK Appellant
V/S
Luxmi Dutt Gupta And Ors Respondents

JUDGEMENT

(1.) Syndicate Bank has filed this suit for the recovery of Rs. 2,73,475.65/- against the three defendants. The third defendant would appear to have died on 7.4.1989. Second defendant is the wife of the first defendant. The case of the plaintiff briefly stated is as follows :

(2.) In or about October, 1979 first defendant approached the Bank for a loan of Rs. 1,50,000/- for purchasing land and building known as 8/6 Alipur Road, Civil Lines, Delhi. First defendant represented that by way of security he would furnish the immovable property viz., house No. 8/6, Alipur Road, Civil Lines, Delhi-6. Third defendant stood a surety and he also became a party to the agreement. On 3.12.1979 Rs. 80,000/- was advanced and on 7.12.1979 another sum of Rs. 70,000/- was given to the first defendant.

(3.) On 25.4.1980 the defendants 1 and 2 executed a letter of confirmation. On 10.7.1980, the following documents were executed by defendants 1 and 2 in favour of the Bank :