SHEIKH JAN MOHAMMAD Vs. UMANATH MISHRA

JUDGEMENT

(1.) In the suit which is the subject-matter of this appeal the plaintiff alleged that he had taken settlement of Tari Mahal of Mauza Dighi Katihar from the defendants through the Court of Wards at a public auction. The settlement was for the year 1357 Mulki Sambat, and the amount agreed to be paid by the plaintiff to the defendants was a sum of Rs. 45O/-. The plaintiff deposited a sum of Rs. 110/- by way of part payment and the defendants thereafter obtained a certificate against the plaintiff under the Public Demands Recovery Act for the realisation of the balance amount of the lease money. The plaintiff, brought the present suit for a declaration that the proceedings taken by the Certificate Officer are null and void. The plaintiff has also asked for a declaration that in view of the fact that the defendants had not put the plaintiff in possession of all the tari trees the defendants are not entitled to recover the balance of the lease money from the plaintiff. The trial court dismissed the suit and an appeal by the plaintiff to the lower appellate court was unsuccessful. The plaintiff preferred a second appeal to the High Court, but it was dismissed by the learned Single Judge who took the view that the certificate proceedings were intra vires and the Court of Wards was entitled to obtain a certificate for the realisation of the balance of the lease money.

(2.) The question of law presented for determination in this case is whether the balance of the lease money was recoverable by a certificate proceeding under the provisions of the Bihar and Orissa Public Demands Recovery Act (Bihar and Orissa Act IV of 1914).

(3.) On behalf of the appellant learned Counsel put forward the argument that the demand made by the Court of Wards in this case does not come within the definition of "public demand" in Section 3 (6) of the Bihar and Orissa Public Demands Recovery Act, which defines the expression "public demand" as "any arrear of money mentioned or referred to in Schedule I". Now Schedule I, Clause 8, of the Act reads as follows: