PREM CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a plaintiff's appeal, the suit of whom has been dismissed by the first appellate court. The plaintiff carried on business of cloth at Bundi in the name of M/s Dhanna Lal Chand. The defendant respondent No. 3 issued a warrant of attachment against Narendra Singh son of Bahadur Singh for the recovery of Passengers and Goods Tax due against him and directed the warrant for execution to respondent No. 2 (defendent bio. 2). Under the warrant of attachment, which was issued on February 23, 1967. the liability to pay tax was that of Narendra Singh and that the defendant No. 2 (respondent) No. 2), in execution of the warrant against Narendra Singh, intentionally and maliciously in order to cause harassment to the plaintiff -appellant, attached 1007 -1/2 meters of cloth worth Rs. 1479/ - from the shop of the plaintiff on March 7, 1967 inspite of plaintiff's protest. This as alleged by the plaintiff, the defendant did in order to defame the plaintiff. Aggrieved by the action of defendant No. 2, the plaintiff filed objection with defendant No. 3 but with no result.

(2.) IT has also been alleged by the plaintiff that he was never issued or served with any notices for the asessment cover by the warrant of attachment nor any demand notice was served to the plaintiff.

(3.) THE plaintiff has also claimed Rs. 207/ - as interest at the fate of 12% per annum as he has been deprived of the profit on Rs. 1479/ -. The total claim preferred by the plaintiff amount to Rs. 2686/ -. The plaintiff, therefore, prayed for a decree of declaration to the effect that the attachment was illegal causing wrongful loss to the plaintiff to the extent of Rs. 2686/ - and for a decree for the aforesaid amount.