RAJENDRA NATH MITTAL, J.

1. This regular second appeal has been filed by the defendants against the judgment and decree of the Senior Subordinate Judge, Ferozepore, dated 19.02.1971.

2. Briefly, the case of the plaintiff was that Narain Singh was a Lambardar of village Hazarasinghwala in district Ferozepore. He himself was residing in another village. Therefore, Hardit Singh had been appointed as a substitute Lambardar for him. The said Hardit Singh was removed on 8.11.1957 and Sardara Singh s/o Dharam Singh, the plaintiff, was appointed as such in his place. It is alleged by Sardara Singh that in fact he did not work as a substitute Lambardar and did not collect any land-revenue. According to him, it was the Patwari of the village who was collecting and depositing the land-revenue though he used to obtain his thumb-impressions on several documents. It is stated by him that the arrears of land-revenue went upto Rs. 40,000.00. He was challenged u/s. 409, Indian Penal Code, for criminal breach of trust in respect of the aforesaid amount. The Judicial Magistrate, Ferozepore, acquitted him on 22.02.1965. In the meantime, he states he made representations to the authorities for