BAVISETTI VENKATA SURYA RAO Vs. NANDIPATI MUTHAYYA

JUDGEMENT

(1.) This Second Appeal has been referred to a Bench by our learned brother, Seshachalapathi, J., on the ground that it raises an important question regarding tortious liability.

(2.) The defendant, who is the Village Munsif of Panduru village, is the appellant in this Second Appeal. The respondent, who is a well-to-do ryot of the same village, brought an action in tort against the defendant alleging acts of assault, intimidation and insult, and claiming an amount of Rs. 1000.00 as damages. The Additional District Munsif, Kakinada, who tried the suit, held that the plaintiff was not entitled to any damages and dismissed the suit with costs. On appeal by the plaintiff, the Principal Subordinate Judge, Kakinada,, allowed the appeal in part, awarded Rs. 100.00 as damages and allowed proportionate costs. Hence this Second Appeal by the defendant.

(3.) It is common ground that at the material time the plaintiff had cultivated some poramboke land and had been assessed to an encroachment fee of Rs. 11-6-0. Under Section 9 of the Madras Land Encroachment Act, 1905, encroachment fees ere recoverable as arrears of land revenue under the provisions of the Madras Revenue Recovery Act, 1864. The collection of land revenue is the primary duty of a Village Munsif. On 31/03/1956 at about noon, the defendant, accompanied by the Karnam of the village, approached the plaintiff when he and several others were seated on the pial of the house of one Garaga Appanna and demanded the amount due by him.