SAUDAGAR SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) THE short question that arises for determination in the present appeal is : Whether a Village Officer (Lambardar) can be declared a 'defaulter' under Section 3(8) of the Punjab Land Revenue Act, 1887 or not ? If (yes) whether he can be arrested for non-deposit of the land revenue collected by him ?

(2.) SAUDAGAR Singh appellant who was Lambardar of village Dhianpur was arrested on account of non-deposit of the arrears of land revenue by him. He challenged his arrest and filed a suit for declaration to the effect that his arrest by the authorities was illegal, ultra vires and uncalled for as he could not be considered as a defaulter under Section 3(8) of the Punjab Land Revenue Act, 1887 (for short 'the Act'). The Sub Judge, Ist Class, Amritsar, vide judgment dated December 8, 1979 decreed the suit of the plaintiff and declared his arrest as illegal. On appeal filed by the State of Punjab the Additional District Judge, Amritsar dismissed the suit of the plaintiff-appellant vide judgment dated April 30, 1982, and it was held that the appellant was a defaulter in view of the definition contained in Section 3(8) of the Act. Saudagar Singh has filed the present appeal to challenge the judgment and decree passed by the Additional District Judge, Amritsar.

(3.) IN case the appellant claimed himself not liable to make payment of the land revenue, he could challenge the order of the revenue authorities only if he had deposited the arrears of land revenue first and thereafter sought the relief from the Civil Court. Such is the requirement of Section 78 of the Act. He could not file the suit in the Civil Court without first depositing the arrears of land revenue. Otherwise, as per Section 158 of the Act, the jurisdiction of the Civil Court was barred.