AIR 1976 PUNJAB AND HARYANA 271

Punjab And Haryana High Court

Hon'ble Judge(s): Prem Chand Jain, Rajendra Nath Mittal , JJ

(A) Punjab Land Revenue Act (17 of 1887) , S.3(8)— `Defaulter' - Lambardar is not included within meaning of `defaulter'. It is evident from the provisions of Sections 61, 67, 71, 73, 75, 77, 97, 98, 99 that the word `defaulter' as defined prior to the Punjab Land Revenue (Amendment) Act, 1974 did not include a Lambardar. The definition says that the `defaulter' is a person who is liable for arrears of land revenue. A lambardar, as such, cannot be held to be liable for payment of arrears of land revenue of the landowners in the estate/portion of the estate, of which he is a Lambardar and is, therefore, not included in the definition of the term "defaulter'. 1970 Pun LJ 313, Relied on.(Para 16) No inference can be drawn from Rules 64, 65, 66, 67, 68 of the Punjab Land Revenue Rules that a lambardar is a defaulter or that recovery can be made from his property.(Para 19) (B) Punjab Land Revenue Act (17 of 1887) , S.158— Revenue authorities attempting to recover arrears of land revenue from a person who was not liable to pay - Civil Suit is not barred. AIR 1945 Pesh 3, Disting. (Para 23) (C) Punjab Land Revenue Act (17 of 1887) , S.....