MALURAM HEMRAJ Vs. ARJUN SINGH

JUDGEMENT

(1.) THE petitioner Maluram was allotted 15 Bighas of agricultural land by the colonisation Department, Government of Rajasthan. According to him on 15-51964 he executed a general power of attorney in favour of respondent Arjun Singh who without his power on 10-1-1967 executed a sale-deed in respect of the agricultural land allotted to the petitioner in favour of the sons of respondent No. 1, and even the sale price i. e. Rs. 23,500/- mentioned in the sale deed was not given to the petitioner. According to the petitioner the market price of the disputed land at the time of the filing of the suit was Rs. 45,000/ -. The petitioner, therefore, brought a suit in forma pauperis in the Court of Addl. District Judge, Sri Ganganagar on 10-1-1970 for the cancellation of the sale-deed and possession of the land in dispute; in the alternative for the payment of Rupees 45,000/- to him from the defendants.

(2.) THE application of the petitioner for permission to sue in forma pauperis was opposed by the defendants, who alleged that the petitioner had sufficient means to pay the court-fees. It was further alleged that the petitioner did not disclose in the Schedule attached to the application a house property belonging to him and which was valued at rupees nineteen thousand. The trial Court recorded evidence of the parties and then by the impugned order rejected the application of the petitioner for being permitted to sue as pauper on the ground that the petitioner failed to disclose in the list of his assets a house belonging to him. The explanation of the petitioner in the, trial Court was that that property was' actually worth rupees five to seven hundred only and was mortgaged with one Prakash Chand for rupees 2. 400/ -. The trial Court did not believe that explanation to be true.

(3.) AGGRIEVED by the impugned order of the trial Court, this revision has been preferred.