PURUSHOTAM SINGH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This revison has been filed against the impugned order dated 26.10.94. I have heard Shri V.B.L. Srivastava, learned Counsel for applicant and Shri G.C. Bhattacharya for respondent-Bank.

(2.) It appears that the Bank filed a suit against the applicant which is pending. The applicant filed objection alleging that the suit is barred in view of Section 330(c) of U.P. Zamindari Abolition & Land Reforms Act, 1950. This application has been rejected by the Court below and hence this revision. Section 330(c) of U.P. Zamidari Abolition and Land Reforms Act states "Save as otherwise provided by or under this Act, no suit or other proceeding shall lie in any Civil Court in respect of (c) the assessment or collection land revenue under Chapter X or the recovery of any sum of money recoverable as arrears of land revenue."

(3.) Admittedly, the suit was not in respect of assessment or collection of land revenue under Chapter X of the Act. As regards the contention that it is for recovery for any sum of money recoverable as arrears of land revenue, in my opinion what this provision means, is that if there is a recovery against any person of any sum of money recoverable as arrears of land revenue then that person cannot file a suit to obstruct that recovery. Whenever we interpret a provision we must understand the legislative intend and the reason because of which the provision has been made, otherwise we will come to an artificial and superficial interpretation. Clause (c) of Section 330 in my opinion, cannot be construed to mean that the Bank cannot file a suit for recovery of a sum of money recoverable as arrears of land revenue. Such an interpretation will lead to a very anomalous situation that whereas a recovery of a Bank loan can be straight away made as arrears of land revenue but a suit cannot be filed for this purpose, although a suit which will take much more time. In my opinion, the correct interpretation of Section 330(c) of U.P. Zainindari Abolition and Land Reforms Act is that a suit by person against whom a recovery has been issued in respect of a sum recoverable as arrears of land revenue will not be maintainable, but the Bank's suit against a person will certainly be maintainable. Thus, there is no force in revision. It is accordingly dismissed.