DY COMMISSIONER RAE BARELI Vs. HAR NARAIN LAL

JUDGEMENT

(1.) This is a defendants' second appeal arising out of a suit for recovery of Rs. 446/-.

(2.) The facts of the case, which are not disputed, are briefly given below.

(3.) In the year 1930 a Society was formed in village Saleempur Bhairon, district Rae Bareli. This Society was styled as 'Better Living Society . Ltd.', (hereinafter referred to as the Society). Some of the inhabitants of that village became its members. Har Narain Lal, plaintiff, who is a resident of the village was its member from the very inception of the Society and later on in June 1938 he was elected to the post of the President of the Society. He continued to hold this office till 15-10-1943. The object of the Society was generally to improve the lot of the villagers by various methods. Among other objects, the Society undertook to repair and construct roads, wells and akharas in village Saleempur. The Government of the Province too in order to improve the conditions of rural areas, were carrying on various activities through their Rural Development Department. It was arranged that the Society will work, in co-ordination with the Government department and for works undertaken by the Society the Government would contribute up to one-half of the total costs and the remaining expenditure was to be borne by the Society either from its funds or by raising subscriptions from the public. Certain works as enumerated in annexure A to the plaint were carried out by the Society between 18-7-1943 and 18-10-1943. The contribution of the Rural Development Department was to the extent of Rs. 1356/- while the plaintiff raised a sum of Rs. 1,506/6/6 by public subscription which included a sum of Rs. 809/-paid by the mother of the plaintiff, Har Narain plaintiff wrote to the Rural Development Department demanding a sum of Rs. 117/8/- as due to him. This letter was sent on 28-3-1945. In the beginning of 1946, the Rural Development Department while denying their liability to pay Rs. 117/8/- made a counter-claim for Rs. 446/-alleging that the sum of Rs. 446/- had been realised in excess by the plaintiff for which no proper accounts were forthcoming. Sri Iftikhar Husain, Sub-Divisional Officer, Dalmau, was also the Secretary of the Rural Development Department and he directed the Tahsildar of Salon to see that Har Narain appeared in his Court on 16-4-1946 to explain the accounts. Har Narain did not go, and another notice (Ex. A. 11) Was issued by the Secretary, Rural Development, Department, ordering Har Narain to appear in the Court of the Sub-Divisional Officer, Dalmau, on 10-6-1946. The laet portion of this notice contained the following threat: