SANTOKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed under Section 16 of the Punjab Land Revenue Act , 1887 against the order dated 13.9.1988 passed by the Commissioner, Jalandhar Division in a Lambardari case.

(2.) The brief facts of this case are that a complaint against Santokh Singh-appellant (Lambardar of village Piplanwali), Tehsil Hoshiarpur was filed before the S.D.O. (C) by Amarjit Singh. He alleged that Santokh Singh filed wrong affidavit in suit for recovery against Amarjit Singh etc. to the effect that he was pauper and did not own any moveable/immoveable property in the village, therefore, he is not in a position to pay the requisite court-fee. An inquiry was held by S.D.O. (C), Hoshiarpur who mentioned in his report dated 16.2.1987 that Santokh Singh owns 15 K-3 M of land so he recommended the removal of Santokh Singh from Lambardarship of village Khawaspur as he did not pay court-fee by selling his land. Santokh Singh appeared before the Collector and intimated that he wrongly typed in plaint that he had no immovable property and he supplied the list of property along with the plaint of value Rs. 89/-. The counsel for Santokh Singh stated that rule 16 of the Punjab Land Revenue Rules gives a number of conditions when Lambardar can be dismissed but none of the conditions applies in the instant case. The Collector found that in a plaint dated 7.5.1985 filed by Santokh Singh before the Sub-Judge, Hoshiarpur, it, is very clearly mentioned that appellant has no moveable or immoveable property in his name. The property worth Rs. 89/- consists of two pajamas, two shirts, one underwear, one vest cotton, one lungi and one chappal. While filing a suit in forma pauperis both moveable and immoveable property has to be seen, if the possession proved, then plaint is allowed. Thus the plea that it is inadvertent mistake, cannot be believed. Therefore, the Collector removed Santokh Singh from the post of Lambardar, vide his order dated 1.9.1987 as he mis-represented in civil Court.

(3.) Santokh Singh filed an appeal before the Commissioner, Jalandhar Division on the following points :-