AMAR SINGH Vs. LAXMAN

JUDGEMENT

(1.) THE leading facts of this second appeal may be stated below:

(2.) THE defendant respondent No. 4 Nemi Chand (since deceased, now represented by legal representatives, obtained loan from State Bank of Jhalawar after mortgaging the suit shop. Since the loan amount remained unpaid, therefore, proceedings for effecting recovery came to the initiated under the Rajasthan Public Demands Recovery Act, 1952 (for short, PDR Act0. On receipt of request from the Recovery Officer (defendant No. 3), the Collector, Jhalawar issued a notice under Section 4 of the PDR Act, which was stated to be served on defendant Nemi Chand on or about 24. 8. 1954. THEreafter, Nemichand filed a petition (Ex. A/5) on 20. 9. 1954 and denied his liabilities under Section 8 of the PDR Act. However, the Collector made the certificate absolute on 19. 1. 1956. Feeling aggrieved by the order of the Collector dated 19. 1. 1956, defendant Nemichand resorted to the provisions of Section 23-A of the PDR Act by filing an appeal before he Revenue Appellate Authority. It may be noted that in the meantime, defendant Nemichand executed an agreement to sell Ex. 1 on 28. 9. 1956.

(3.) THE defendant Amar Singh, feeling aggrieved by the judgment and decree passed by the appellate Court preferred second appeal before this Court in Second Appeal.