STATE Vs. GOVIND SINGH

JUDGEMENT

(1.) THIS is a civil revision by the State and has arisen in the following circumstances.

(2.) MEHTA Govind Singh opposite party No. 1 had a decree against Sobhag Singh opposite party No. 2, Jagirdar of Nawa, Tehsil Didwana, District Nagaur. MEHTA Govind Singh put this decree in execution on 14th November, 1950. , in the Court of the District Judge at Merta and a receiver was appointed to realise the income of the Jagir. The Receiver realised some amounts and deposited them on various dates in the Court of the District Judge. On the 23rd October, 1951, the then District Judge enquired from the Collector of Nagaur whether any amount was due to Government on account of land revenue and if so the account should be sent to him. It seems that the then District Judge must have made this enquiry because he thought that the money due to Government had to be paid first. In any case, the Collector wrote back on the 1st of December, 1951, that a sum of Rs. 11,666/7/6 was due from the Jagirdar for rekh and chakri lor the Samvat years 2006 and 2007. The matter came up for consideration before the court on 6th December and on that date the Jagirdar said that he would make other arrangement for payment of this amount to Government and that the amount deposited in Court be paid to the creditor. The District Judge, however, ordered the Jagirdar to get a letter from the Collector agreeing to this proposal, of his. No letter from the Collector was, however, received. In the meantime that District Judge was transferred and another District Judge took charge. The matter came before the new Judge and a dispute seems to have arisen whether the amount due to Government as rekh and chakri had to be paid out first, out of the money deposited in Court, or not. The Government Pleader who put in appearance on behalf of the Government took time to submit arguments in support of the Government's case. Eventually arguments were heard on the 17th March, 1952, and the District Judge decided that as there was no decree in favour of the Government about this rekh chakri which was being claimed, be could not pay anything to the Government. It seems that on the same day after this judgment, the decree holder MEHTA Govind Singh took away the money which was deposited in Court. The Govt. Pleader does not seem to have taken steps to request the Court to stay payment for some time to enable the Government to move higher authority in the matter.

(3.) WE, therefore, hold that in the peculiar circumstances of this case, the revision is entertain able even though filed by the State which was not a party to the execution proceedings.