PHULA SINGH Vs. GRAM PANCHAYAT SHERON

JUDGEMENT

(1.) THE brief facts leading to this second appeal by the plaintiff Phula Singh, according to the plaint are as follows:-The plaintiff had taken as lease for removing the dead animals from the streets of the village from the defendant No. 1 Gram Panchayat of village Sheron for the year 1962-63 for Rs. 3,800/ -. He had paid that amount to the Panchayat. However, defendant No. 1 sent a report to the Block Development Officer giving wrong facts and thereupon a warrant was issued in the name of the plaintiff for the recovery of the above amount of arrears of land revenue. This amount is not recoverable as arrears of land revenue as it does not fall within the definition of Section 12 of the Punjab Village Common Lands (Regulation) Act and S. 82 of the Punjab Gram Panchayat Act, 1952 (hereinafter called the Act ).

(2.) UPON the above facts the plaintiff prayed for an injunction restraining the defendants from recovering the above amount from him as arrears of land revenue.

(3.) THE defendants contested the suit and pleaded that the contract for removing the dead bodies of the animals was made with the plaintiff for the year 1962-63 for Rupees 6,300/-, out of which he had paid Rs. 3,100/- leaving a balance of Rs. 3,200/ -. Rs. 600/- are due from the plaintiff as balance of the contract money for the year 1961-62 and thus Rs. 3,800/- are due from the plaintiff and this amount can be recovered as arrears of land revenue.