STATE OF M P Vs. SIYARAM VERMA

JUDGEMENT

(1.) THIS appeal is filed by the defendants challenging judgment and decree, dated 28.10.1993, passed by First Additional Judge, to the District Judge, Shivpuri in Civil Suit No. 8A/88, whereby the Court below has passed a decree for declaration that the defendants have no right to recover an amount of Rs. 2,79,000/- by way of Revenue Recovery Certificate (R.R.C. for short).

(2.) THE facts of the case are that the respondent-plaintiff filed a suit for declaration that the R.R.C. issued by the defendants for recovery of an amount of Rs. 2,79,000/- is illegal and void and the said amount cannot be recovered by issuing R.R.C. The plaintiff in his plaint has alleged that the defendant No. 2 i.e. Executive Engineer, P.W.D. National High Way, Shivpuri had issued tenders for recovery of toll tax on the bridge constructed at Agra-Bombay Road known as Janjali Bridge for a period from 1.6.1987 to 31.3.1988. The off-set price for auction was fixed at Rs. 16,80,000/- An amount of Rs. 16,800/- was paid by the plaintiff by way of earnest money. The offer of the plaintiff was for Rs. 18,80,000/- which was the highest. Respondent accepted the bid of the plaintiff. However, due to some reasons, agreement between the parties was not entered into nor the plaintiff started the work of collecting toll tax. As the agreement was not entered by the plaintiff, an amount of earnest money was forfeited by the respondent and the work was carried out by making alternate arrangements, which caused a loss to the Government to the extent of Rs. 2,79,000/- and for recovery of the said amount R.R.C. was issued. This R.R.C. is challenged in the civil suit.

(3.) THE trial Court after framing issues and recording evidence decreed the suit and declared that the defendants have no right to recover the said amount by issuing R.R.C. This judgment and decree is under challenge in the present appeal.