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1938 Supreme(Nagpur) 35

POLLOCK
THAKURSINGH BHAWANISINGH KHATRI – Appellant
Versus
PARWATIBAI W/O CHUNNILAL KHATRI – Respondent


Advocates Appeared:
Abdul Razak, V K Rajwade, Advocates

JUDGMENT

Pollock, J—The plaintiff-respondent Mt. Parwati Bai is a cosharer in patti No. 3 in mauza Besawa and is the lambar. dar of that patti. The land revenue assessed on this patti is Rs. 105-5-4, but this land revenue is assessed on the share held by the other cosharers, Parwati Bat's share being held free of assessment. The defendant-appellant Thakur Singh is the sadar lambardar of the village. It was the duty of Parwati Bai as lambardar of patti No. 3, to collect the land revenue assessed on that patti and to pay it to the sadar lambardar. In the year Sambat 1987 (1930-31) she omitted to do so, but Thakur Singh paid the entire land revenue assessed on the village into the treasury and then applied to the tahsildar under S. 157, C.P. Land Revenue Act, to recover from Parwati Bai the land revenue assessed on the patti No. 3. The tahsildar recovered Rs. 116-9-4 from Parwati Bai. In the following year Parwati Bai paid Rs. 110 into the treasury in order to avoid any action being taken against her as in the previous year. She has brought the present suit to recover these two sums. Under S. 188(1), C.P. Land Revenue Act, it is the duty of every lambardar to collect and pay to the sad



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