RAM NARAYAN SARDA Vs. GONE LAXMAN

JUDGEMENT

(1.) This appeal under Section 96 of CPC is filed by the unsuccessful plaintiff in O.S. No.73 of 1995, on the file of the Senior Civil Judge, Nizambad. During the pendency of the appeal, the sole appellant died, and his legal representatives were brought on record. For the sake of convenience, the parties are referred to, as arrayed in the suit.

(2.) The suit was filed for the relief of declaration that the plaintiff is entitled to withdraw a sum of Rs.3,00,000/-, lying with the Additional Judicial First Class Magistrate, Nizamabad, in STC No.1204 of 1988, in preference to the defendants. He pleaded that on 6-9-1988 at about 3 a.m., the police of III Town Nizamabad, came to his house, together with the Sub-Inspector of Bodhan Town Police Station and a party of six constables. The police are said to have taken away the cash of Rs.21,800/- from the almirah, and thereafter, took him to the Police Station. It was alleged that at the Police Station, the plaintiff was forced to arrange a sum of Rs.3,00,000/-, with a threat that he will be remanded to the custody as a terrorist, in which case, he would not even get bail. After narrating certain incidents, which are said to have taken place while he was in custody, he stated that he ultimately arranged a sum of Rs.3,00,000/-, by September 1988, after borrowing the amounts from his partners, raising hand loans, and encashing his FDRs.

(3.) The plaintiff alleged that soon after he paid the amount of Rs.3,00,000/-, the police brought the Defendants 1 to 8 and husband of Defendant No.9, and a false case, being STC No.1204 of 1988, was booked under the Gaming Act. He stated that though the entire amount of Rs.3,00,000/- was paid by him, it was shown in the proceedings, in that case, as though a sum of Rs.5,000/- alone was recovered from him and that rest of the amount was seized from the Defendants 1 to 8 and husband of Defendant No.9.