HALKIBAI Vs. STATE

JUDGEMENT

(1.) THIS is the plaintiff's appeal from the decree of the Court of the Additional district Judge, in Civil Suit No. 10-A of 1951, dismissing her suit for declaration of her ownership in respect of certain valuables. .

(2.) PLAINTIFF Haiti Bai is a child widow since 1904 A. D. Her parents-in-law also died in the year 1905 A. D. She was a teacher in a Girl's Primary School, from the year 1910 to 1947 when she retired on a monthly pension of Rs. 24-14-0. One narhadabai was a peon in her school at Waraseoni for about a year and half before her demise on 14-4-48. The plaintiff was possessed of gold and silver ornaments detailed in Schedule A (i) of the plaint, together with Rs. 6,665-13-0 in cash. It is also not disputed that she deposited gold and silver ornaments and Rs. 1,000 with ramnathrao and Rs. 5,565-13-0 with Rajmal Suraria, retaining Rs. 100 with herself. Proceedings in respect of these articles were however, started under section 523 of the Code of Cr. P. C. , on the suspicion that they belonged to narbadabai and were dishonestly received by the plaintiff. After a preliminary enquiry by the Sub-Divisional Magistrate, the articles were seized by the Station house Officer, Waraseoni on 3-9-48. The plaintiff put in her claim to the articles before the Sub-Divisional Magistrate, hut ultimately did not prosecute the proceedings and instituted (sic) articles. Accordingly on the order o the District magistrate, Balaghat, the ornaments were directed to be sold and the sale price to be credited to Government under Section 524 (i), Cr. P. C. It, however, appears that the sale was not actually held as direct-ed, as in the meantime, an order of stay was passed by the lower Court.

(3.) RAMNANHRAO and Rajmal Surana were impleaded in the suit as defendants 2 and 3. They were, however, discharged by the lower Court as they did not claim any interest in the articles deposited with them. The suit was accordingly contested by the State Government only.