High CourtsSingle Bench(1921) 02 AHC CK 0051

Lala Nihal Chand and Others vs Kanhai and Others

Allahabad High Court · Decided on 18 February 1921 · Citation: AIR 1921 All 80 : 62 Ind. Cas. 544

HON’BLE JUDGES
Tudball, J
RESULT
Dismissed

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Judgment

3 paragraphs · 141 words
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 u/s 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.