HARYANA STATE THROUGH COLLECTOR Vs. GURBAX SINGH

JUDGEMENT

(1.) Defendant No.1 through defendant No.2 has filed this regular second appeal against the judgment and decree dated 01.05.1991 passed by Additional District Judge, Hisar vide which judgment and decree dated 17.03.1990 passed by Sub-Judge IInd Class, Hisar has been affirmed.

(2.) Plaintiff-Gurbax Singh filed a suit for prohibitory as well as mandatory injunction, seeking to restrain the defendants from effecting recoveries of Abiana from him by way of adopting coercive method.

(3.) Plaintiff alleged that he was Lambardar of village and in the capacity of Lambardar, he recovered Abiana/land revenue for Kharif 1982, Rabi 1983, Kharif 1983 Rabi 1984 and Kharif 1985. Whatever he collected already stood deposited with the Government. Since all the villagers did not pay the land revenue, so he prepared a list of defaulters and sent the same to defendant No.2/Tehsildar for necessary action. No action was taken by the Tehsildar. Having fed up with the defaulters, he left the job of Lambardar. Plaintiff further alleged that he visited the office of Tehsildar many a times along with list of defaulters and narrated the whole events, but Tehsildar did not take any action, rather he warned the plaintiff to deposit the whole of the land revenue of the village, otherwise the same would be recovered from him by way of arrest and detention.