NAIPAL SINGH Vs. JAMES RRSKINNER

JUDGEMENT

(1.) This is a defendants appeal and arises out of a suit brought against them by the plaintiff-respondent to recover arrears of revenue. The plaintiff is an assignee of Government revenue, and as such, he brought this suit. The suit was brought against the lambardar and other co-sharers. The lambardar was also a co-sharer. The other defendants contended that they were not liable and only the lambardar (Balwanta) who used to make collections was liable. The trial Court decreed the suit against the lambardar alone and dismissed the suit against the other co- sharers. On appeal by the plaintiff the learned District Judge reversed the decree of the lower Court and decreed the suit against all the co-sharers holding that: Each defendant shall be liable rateably to the extent of his share in the zamindari and no more to the plaintiff.

(2.) The learned Judge made the contesting (respondents liable for the costs of the appellants. It has been urged by the learned Counsel for the appellants that the appellants are not liable and the decree should be passed against the lambardar alone. Section 142, Land Revenue Act, lays down: All the proprietors of a mahal are jointly and severally responsible to Government for the revenue and for the time being assessed thereon, and all persons succeeding to proprietary possession thereon, otherwise than by purchase under Section 160, shall be responsible for all arrears of revenue due at the time of their succession.

(3.) When all the proprietors are jointly and severally liable for the Government revenue, there is nothing to show as to how they do not remain liable to the Government's assignee. As regards the responsibility for revenue all the proprietors position remains the same towards the assignee as it was towards the Government. The remedies of the Government and its assignee for recovery of arrears of revenue are different. The Government's remedies are provided in Section 146, Land Revenue Act, while the remedy of the assignee is provided in Section 223, Agra Tenancy Act, where it is laid down: A muafidar or assignee of revenue may sue for arrears of revenue due to him as such.