DHANNA RAM Vs. STATE

JUDGEMENT

(1.) THE dispute relates to the delivery of truck No. RJV 4641 One Gumana Ram, non -petioner No. 2 entered into higher purchase agreement with the Rajasthan Financial Corporation for the purchase of the above truck and the Rajathan Financial Corporation had advanced a loan of Rs. 1,67,434/ - The said Gumanaram sold the said truck to Dhahnaram and Lichama Ram and Gumanaram received a sum of Rs. 53,566/ - from Dhannaram and Lichama Ram and it was agreed between the parties that Dhanna Ram and Lichama shall pay the instalments to the Rajasthan Financial Corporation and Gumanaram shall have no right what so ever so far as the truck is concerned. In case, of default of payment of instalments of the Rajasthan Financial Corporation by Dhannaram, and Lichama Ram, Gumanaram was given a right to seize the truck After the said agreement and sale of the truck in favour of Dhannaram and Lichama Ram; they paid a sum of Rs. 81,200/ - to the Rajasthan Financial Corporation as instalments, but further thereafter they made some defaults in payment of the instalments to the Rajasthan Financial Corporation. The truck was seized and a report was lodged with the Jawaharnagar Police Station with the allegation that on 16 -11 -1985 when Bhanwarlal had gone with the truck Gumanaram, Jeewana and two other persons came in jeep and gave out that they were the persons of Rajasthan Financial Corporation and asked Bhanwarlal to take the truck to Rajasthan Financial Corporation. When Bhanwarlal reached Ghat -gate, Gumanaram took away the truck. The case was registered and during the investigation the truck was seized by the police

(2.) TWO applications for the release; of the truck were filed, one by the petitioners and the other by non -petitioner No. 2 Gumanaram and the learned Additional Chief Judicial Magistrate, Court No. 7, Jaipur City, Jaipur under his order dated November 25, 1985 ordered that because Gumanaram is the registered owner of the truck under the agreement under which he sold the truck to Dhannaram and Lichama Ram, he should be given the delivery of the truck on furnishing supardagi in the sum of Rs. 3 lacs and a surety in the like amount, the aforesaid order of the learned Additional Chief Magistrate has been challenged in this petition. On the last date when the case come up before me, I wanted that the truck should remain in the custody of some independent person and Shri K.N. Shrimal was appointed as Receiver of the property on payment of fee mentioned in the order. The order of this court has been complied with and now the truck is in the custody of Shri K.N. Shrimal, Advocate. It was also ordered that the notice be given to the Rajasthan Financial Corporation who is interested in the delivery of the truck because there were some outstanding against the loan advanced by it. Inspite of notice which according to Mr. Dhankar has been served on it at Sikar, none has appeared.