RAM DASS Vs. MAHABIR

JUDGEMENT

(1.) PLAINTIFF Ram Dass has filed this revision petition under Article 227 of the Constitution of India impugning order dated 10.12.2012 (Annexure P -2) passed by the trial court, thereby dismissing application filed by plaintiff -petitioner for attachment before judgment of the land of defendant -respondent Mahabir. It appears that defendant is nephew of the plaintiff, although mentioned to be brother of the plaintiff in the plaint (Annexure P -1). The plaintiff has alleged that the defendant took loan of Rs. 18,10,706/ - from the plaintiff, which was transferred from the bank account of the plaintiff to the bank account of the defendant. The plaintiff has filed suit for recovery of the said amount. It was also pleaded that the defendant verbally agreed that on failure to repay the aforesaid loan amount with interest at the agreed rate of interest of 2% per month within one year, the plaintiff shall be entitled to ownership of four kanals land of the defendant, described in the plaint.

(2.) IN application for attachment before judgment, the plaintiff alleged that the defendant was bent upon to alienate the aforesaid land so as to deprive the plaintiff of the fruits of the decree. Accordingly, plaintiff sought attachment before judgment of the said land of the defendant.

(3.) I have heard counsel for the parties and perused the case file.