GANGARAM HATIRAM GUJAR Vs. DINKAR GANESH PATVARDHAN

JUDGEMENT

(1.) This suit was brought by Gangaram Hatiram to recover damages from the defendant on the allegation that ;he latter when Mamlatdar of Khanapur attached without authority 5 carts containing 100 pieces of jaggery belonging to ;he plaintiff on the Karad Nagar Road on the 8th of April 1910.

(2.) In his written statement the defendant pleads that on the 8th of April being Mamlatdar of Khanapur he was encamped at Kadepur and noticed 5 carts containing 100 pieces of jaggery were being taken by the plaintiff s son from Kadepur towards Kadegaum. On enquiry he learnt that the jaggery was from the fields of Daji Rudraji who owed arrears of land revenue to Government and had to satisfy two decrees in assistance cases. The defendant accordingly ordered that unless the plaintiff paid off the dues of Daji Rudraji, which after deducting Rs. 65 paid on the spot by Daji s son Vithu amounted to Rs. 98, forty pieces of jaggery should be attached.

(3.) The defendant pleaded on the above allegations : (a) that the jurisdiction of the Court to entertain the suit was barred under Section 4 (c) of the Bombay Revenue Jurisdiction Act 1876, (-) that the suit was barred under Section 6 of the same Act as he was acting bona fide and in pursuance of the provisions of the law for the time being in force relating to the recovery of the land revenue and arrears in assistance cases.