STATE OF RAJASTHAN Vs. PURALAL

JUDGEMENT

(1.) THIS is defendants' Civil First Appeal directed against, the judgment and decree of the Additional District Judge, Joalawar, dated March 30, 1973, whereby the State was directed to return the amount of Rs. 7,487.42 to the plaintiff respondent Paralal, which was recovered by the State Government under the proceedings taken under the Public Demands Recover; Act.

(2.) THE case of the plaintiff was that he had dealings with the Jhalawar State Bank, which was taken up by the State Government after the formation of farmer Rajasthan, when the Jhalawar State was merged with other constituents unite of the new State of Rajasthan. According to the averments made by the plaintiff in the plaint he had borrowed from the Chaumahala branch of the Jhalawar Stale Bank Rs. 1,200/ - in the year 1946. On September 30, 1948, she plaintiff was called by the Manager of the Chaumahala branch of Jhalawar State Bank through Sambhu Chaprasi (P.W. 3) at about 9 P.M. in the Bank and was asked to sign certain blank forms under the pretext that a new State of Rajasthan has now been formed and, therefore, the plaintiff should either pay she dues immediately or to furnish adequate security for the payment thereof. According to the plaintiff he signed the blank forms, which afterwards when he happened to see the account -books of the Bank, were converted by the Jhalawar State Bank into an application form for advancing a loan of Rs. 5,699/ -. It is further averred by the plaintiff that such a loan was never advanced to him nor did he receive any such amount from the said Bank of Jhlawar, but later on the S ate of Rajasthan initiated the proceeding under the Rajasthan Public Demands Recovery Act and ultimately got his tone attached and auctioned But before the auction was completed, the plaintiff arranged to borrow Rs. 7,000/ - from prospective purchaser of the house and paid all the State dues under the P.D.R. Act to the tune of Rs. 7,787,42. The present suit relates to the recovery of this amount from the State Government which, according to the plaintiff, were realised by the defendant appellants under durese. He has also pleaded that the then Manager of the Jhalawar State Bank played fraud with him by forging certain documents, which eventually made the basis for the recovery of the said amount from the plaintiff.

(3.) A joint written statement was filed on behalf of the State and the Collector, therein, the allegation of fraud made by the plaintiff, were specifically denied and it was averred that the amount of Rs. 5,699/ - was advanced to the plain in after getting adequate security from his brother Phoolchand and Shambhu Chaprasi of the Bank. The act of pledging of 60 'mani' of cotton was not accepted by the defendants.