NIRMAL SINGH KUKREJA Vs. SURAJ GUPTA

JUDGEMENT

(1.) KUKREJA has filed the present suit against defendant No. 1 Suraj Gupta for recovery of sum of Rs.15,13,505/ - along with interest @ 18% per annum, pendente lite and future as also a decree for permanent perpetual prohibitory injunction restraining the said defendant from selling, disposing of, alienating or encumbering in any manner whatsoever his one half undivided share in immovable property compromising Khata Khatauni No.50/100, Khasra No.357, measuring 0 -05 - 37 hectares situate in Mauza Dagog, Pargana Sapoli, Tehsil and District Shimla (Rural) and land bearing Khata Khatauni No.50/100, Khasra No. 358, measuring 0 -07 -53 hectares situate in Mauza Dagog, Pargana Sapoli, Tehsil and District Shimla (Rural), till such time the decretal dues of the plaintiff are paid by the said defendant.

(2.) STATE Bank of India is pro forma defendant No.2. Summons in the suit were issued. Defendant No. 1 chose not to appear and contest the suit despite publication of summons in the daily newspaper.

(3.) IN order to show his bona fides on 6.12.2007 he also deposited a sum of Rs.3,22,500/ -. After sale of other assets of defendant No. 1 by the other financial institutions and adjustment of sale proceeds thereof, eventually it was found that a sum of Rs.12,10,145.67 was due and payable by defendant No.1 to defendant No.2. Some time in August, 2007, defendant No. 1 permanently left for United States of America and deserted the plaintiff's daughter leaving the plaintiff to fend for her and also meet the financial liabilities.