PHOOLWATI Vs. GULZARO DEVI

JUDGEMENT

(1.) The present revision petition has been filed under Art. 227 of the Constitution of India for setting aside impugned orders dated 21.4.2016 and 10.5.2016 (Annexures P-4 and P-5) passed by learned Additional District Judge, Ambala whereby the application for seeking permission to file appeal as pauper has been dismissed.

(2.) Briefly the facts of the case are that plaintiff-respondent filed a suit for specific performance of agreement to sell on the basis of agreement to sell dated 31.5.2004 for 10 Marlas of land claiming that out of total sale consideration of Rs. 3 lacs, an amount of Rs. 2,50,000.00 was paid as earnest money. The petitioner was having only 5 marlas of land as per revenue record and there was no occasion for her to enter into an agreement to sell regarding 10 marlas of land.

(3.) During pendency of the aforesaid suit, one Surinder Kumar filed a suit for specific performance of agreement to sell on 8.10.2004 against petitioner on the basis of agreement to sell dated 24.12.200 Petitioner-defendant is an old widow lady suffering from many old age ailments, facing litigation without any source of income. To meet out her day to day as well as litigation expenses, she sold 4 Marlas of land including constructed area on 19.7.2007 to one Chander Kanta. Suit of respondent-plaintiff was decreed on 8.11.2013 only to the extent of refund of Rs. 2, 50,000.00 with 6% interest. Defendant-respondent filed appeal challenging judgment and decree before the Lower Appellate Court along with an application for seeking permission to file appeal as an indigent person. A report was called by the Lower Appellate Court from Collector, Ambala, to know the status of the petitioner wherein the petitioner was stated to be a very poor lady, living in a rented house, having no children and requiring help. Still, the application seeking permission to file appeal as a pauper was dismissed and thereafter appeal was also dismissed as the petitioner could not deposit ad-valorem court fee. In the present revision petition, orders dated 21.4.2016 and 10.5.2016 passed by the learned Additional District Judge, Ambala have been challenged.