RADHA BAI Vs. CHAIN SINGH

JUDGEMENT

(1.) 1. Applicants have filed this application under Order 44 rule 1 CPC seeking permission of this Court to file first appeal as indigent persons. In the application, the applicants have disclosed that they are having a house property worth Rs. 3 lakhs mortgaged with the Nagrik Sahakari Bank Mary adit and moveable property, wearing apparels of Rs. 1,000/- and cooking utensils of Rs. 1,000/-. On notice respondent No. 1 filed reply to the application on 2.4.2008 in which respondent No. 1 disclosed that applicants were possesing land property bearing Khasra Nos. 12/4, 12/3, 13, 33 and 578 total area 9.308 Hectares of village Jhiganpur, Tahsil Seoni Malwa, District Hoshangabad. Respondent No. 1 has also enclosed copy of Kistbandi Khatauni Annexure R/1 and from the perusal of the aforesaid, we find that names of the applicants were mutated on 17.12.2002. Respondent No. 1 raised an objection that the applicants are not entitled to file the appeal as indigent persons. The aforesaid property has been concealed by the applicants in the application. The value of the land as per reply is Rs. 30 lakhs. Apart from this, a house property has also been shown. It is also stated by the respondent No. 1 that the applicants are earning Rs. 10,000/- per month. On the aforesaid grounds, the application filed by the applicants under Order 44 rule 1 was opposed.

(2.) The State has filed a report stating that applicants are owning a house property at 2591 E-Sector Nagar, Indore and were earning Rs. 3,000/- per month by way of rent. Apart from this, applicant Vishnukant is also earning Rs. 2,000/- per month as he is working as Grid Operator. No counter affidavit to the reply filed by the respondent No. 1 has been filed by the applicants denying the fact as stated in the reply.

(3.) During course of the argument, learned counsel for the applicants submitted that he has received instructions from the local counsel that the land property which is referred to in the reply is subject matter of a civil suit in which applicants are defendants and they are not possessing the land and in fact there is no income to the applicants from the aforesaid land. It is submitted that as the land was not in possession of the applicants, they were not getting anything from the land, so aforesaid fact was not stated in the application.