PRABHU LAL Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) The case of the petitioner is that he along with the father of respondent Nos.4 to 6, one Roopa Bawari, had taken a loan from the Cooperative Land Development Bank Ltd., Branch Shahpura, District Bhilwara, for purchase of a tractor. It is submitted that on 05.08.1998 the petitioner had entered into an agreement with the co-borrower, Roopa Bawari that the tractor purchased would be utilized by the co-borrower and the liabilities towards the Bank for the loan obtained for purchase of tractor would be borne by Roopa Bawari. It is submitted that the co-borrower Roopa Bawari has expired and is survived by Kailash, Bhanwar Lal and Raju, his sons who are bound to discharge the liability towards the Bank in terms of the agreement entered between their father and the petitioner.

(2.) The further case of the petitioner is that Roopa Bawari and his legal heirs, in spite of the agreement dated 05.08.1998 undertaking to discharge liability of the Bank after having taken the tractor in their custody and use, failed to repay the loan amount to the Bank and rather respondent Nos.4 to 6 were trying to dispose of the tractor. It is submitted that in view of non-payment of outstanding dues of the Bank owing to dishonesty of the legal heirs of the co-borrower, the respondent-Bank is seeking to auction the land of the petitioner situated in Khasra Nos.431, 439 and 430 at Village Rajyas Tehsil Shahpura, District Bhilwara, for which auction was slated for 06.04.2011. Counsel for the petitioner submits that in the facts of the case, the respondent-Bank should be directed to first take possession of the Tractor from the respondent Nos. 4 to 6, the legal heirs of Roopa Bawari and auction the same and only in the event of short fall in the amount payable after adjusting the price of the tractor sold at the auction, further proceeding to recover the amount from the immovable property of the petitioner should be taken.

(3.) I have heard the counsel for the petitioner and perused the writ petition.