HARBANS LAL Vs. PUNJAB STATE

JUDGEMENT

(1.) The Kapurthala Fishermen Co-operative Society, Kapurthala, (shortly the Society) through its Secretary, Shri Harbans Lal, entered into an agreement with the Punjab State Fisheries Department (briefly the Department) for fishing rights for 12 months in 1962. The Society agreed to pay to the Department Rs. 30,000/- out of which Rs. 26,000/- were paid leaving a balance of Rs.4,000/-. The Department claimed the balance from Shri Harbans Lal petitioner and the Society. The balance remained unpaid. The Department started coercive process to recover the balance amount as arrears of land revenue under the Punjab Land Revenue Act (for the sake of brevity the Act).

(2.) Harbans Lal petitioner filed a suit for permanent injunction against the Punjab State, restraining them from recovering the balance amount from him on the ground that the agreement had been entered into between the Society and the Department and that he himself, being the Secretary of the Society, was not personally liable to pay the amount.

(3.) The State of Punjab raised a preliminary objection that the suit was not maintainable. The trial Court framed the following issue :-