BALDEV SINGH Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) Appellant had taken a loan of Rs. 47,000/- for the purchase of tractor for agricultural purposes on 22.5.1978 and executed a simple mortgage in respect of 44 kanals 13 marlas land situated at village Shahpur. The appellant contended that he paid Rs. 69,010/- in cash and Rs. 5280/- was credited in his loan account on account of waiver of loan by the State Government. He also contended that he deposited a cheque of Rs. 10,000/- on 25.8.1992 and thus he has paid a total sum of Rs. 84,290/- to the respondent-bank.

(2.) The respondent-bank filed an application under Section 8 and 8-A of the Haryana Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1973 (hereinafter referred to as the Act) in the Court of Assistant Collector 1st Grade (for short ACIG), Jagadhari on 10.2.1981. Notice of the application was given to the appellant. He engaged Advocate Shri Pritam Singh as his counsel who appeared on his behalf in the proceedings. However, on 12.9.1994 the appellant came to know that the ACIG had passed the impugned order on 22.5.1982 on the statement made by Shri Pritam Singh, Advocate, who had admitted the claim of the respondent-bank. It is further contended that the said Advocate acted without any instructions and authority and the application was decided against the appellant. However, according to him, he was not bound by the statement of his counsel. It is also contended that ACIG has no jurisdiction to entertain the application under Section 8 and 8-A of the Act. The appellant further contended that he had paid the entire amount of loan and nothing is due from him. There are other contentions also such as that the appellant is a marginal agriculturist and so the respondent-bank has no right to recover more than double amount of loan.

(3.) The appellant filed a suit in the Court of learned Additional Civil Judge (Senior Division), Jagadhri. The suit was dismissed. First appeal filed by the appellant over the same was dismissed by the learned Additional District Judge, Yamuna Nagar at Jagadhri and hence this Second appeal.