SHIV PARSHAD Vs. BHAGWAN DAS

JUDGEMENT

(1.) THE circumstances under which this revision petition filed by Gokal Chand has arisen are as follows. Gokal Chand petitioner alleged that he had lent Rs. 4,000/to bhagwan Das respondent on a pronote dated 15-7-1949. In October 1930 bhagwan Das asked Gokal Chand for the loan of a further sum of Rs. 6,000/ -. He was shown three shops in Lakkar Bazar, Simla, and on 10-10-1950 Bhagwan Das executed a mortgage deed far Rs. 11,000/- in favour of Gokal Chand regarding three shops, this deed being registered on the following day when Rs. 6,000/were paid in the presence of the Sub-Registrar.

(2.) GOKAL Chand alleged that at the time of this transaction Bhagwan Das and his father Maghi Ram represented to him that the shops were the exclusive property of Bhagwan Das and that they were free from all encumbrance. Gokal Chand later discovered that in fact the shops were the joint family property of the father and son, and that they had previously been mortgaged by a registered deal to a third party. Gokal Chand instituted a complaint against the father and son in June 1952 which was dismissed on 25-7-1952, and the second complaint on the same lines filed on the 12th of August was dismissed on 29-8-1952, After that Gokal Chand waited for more than a year and then filed the complaint out of which this revision petition has arisen on 24-10-1953, Maghi Ram was also made an accused in the case but he was discharged by the trial Magistrate. Bhagwan Das, however, was convicted under Section 420, Indian Penal Code, and sentenced to six months' rigorous imprisonment and a fine of Rs. 1,000/- or in default six months' further imprisonment on 15-11-1954.

(3.) BHAGWAN Das filed an appeal in the Court of Sessions Judge at Ambala who acquitted him by his order dated 3-4-1956. The revision petition was filed on 196-1936 in which it was fought that the appellate judgment of acquittal should be set aside and the order of the trial Magistrate restored.