Skip to content


Lala Nihal Chand and ors. Vs. Kanhai and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1921All80; 62Ind.Cas.544
AppellantLala Nihal Chand and ors.
RespondentKanhai and ors.
Excerpt:
u.p. land revenue act (iii of 1901), section 233(m) - claim arising out of recovery of money realisable as revenue--civil court, jurisdiction of--agriculturists' loans act (xii of 1884), section 5. - - 1. the order of the court below is clearly correct, the claim is one arising cut of the collection of a sum of money which is under section 5 of the agriculturists' loans act of 1884, realisable as revenue. ' section 233(m) clearly debars the institution of any suit or other proceeding in a civil court with respect to any claim arising out of collection of any sum which is realisable as revenue.1. the order of the court below is clearly correct, the claim is one arising cut of the collection of a sum of money which is under section 5 of the agriculturists' loans act of 1884, realisable as revenue. it arises out of a recovery of money due under that act, section 5 of which says:2. 'every loan made in accordance with such rules, all interest chargeable thereon, and costs incurred in making or recovering the same shall be recoverable...as if they were arrears of land revenue or costs incurred in recovering the same.' section 233(m) clearly debars the institution of any suit or other proceeding in a civil court with respect to any claim arising out of collection of any sum which is realisable as revenue.3. there is no force in the application. it is, therefore, dismissed with costs.
Judgment:

1. The order of the Court below is clearly correct, The claim is one arising cut of the collection of a sum of money which is under Section 5 of the Agriculturists' Loans Act of 1884, realisable as revenue. It arises out of a recovery of money due under that Act, Section 5 of which says:

2. 'Every loan made in accordance with such rules, all interest chargeable thereon, and costs incurred in making or recovering the same shall be recoverable...as if they were arrears of land revenue or costs incurred in recovering the same.' Section 233(m) clearly debars the institution of any suit or other proceeding in a Civil Court with respect to any claim arising out of collection of any sum which is realisable as revenue.

3. There is no force in the application. It is, therefore, dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //