STATE OF M.P. Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 21.4.1994 passed by V ADJ, Indore in Civil Suit No. 266-B/89 whereby the suit filed by the respondent has been decreed and appellant has been directed to pay a sum of Rs. 1,01,000/- along with interest @ 6% per annum with effect from 8.11.1996, the present appeal has been filed.

(2.) SHORT facts of the case are that respondent filed a suit against the appellants on 20.11.1986 as an indigent person for realization of a sum of Rs. 1,78,000/- along with interest @ 1% per annum alleging that respondent was resident of Plot No. 724 at Bhagirathpura, Indore and was carrying on his business of Timberwood and fuel wood.

(3.) IT was alleged that on 1.11.1984, on account of assassination of the then Prima Minister, Smt. Indira Gandhi, riots took place in which damage was caused to Sikh Community. It was alleged that the appellant imposed curfew for the purpose of maintaining law and order situation. Respondent was assured by the Town Inspector of Banganga Police Station about the security. It was also alleged that Town Inspector of the concerned P.S. informed that two constables have been posted for the purpose of safety of the respondent. It was alleged that in the evening of 1.11.1984, the police officers came on spot and gave instructions to the constables who were posted on spot. Later on, the police constables left the place saying that they are not in a position to take care of security of the respondent.