Majir Baksh Chowdhury vs Sadagar Mia and Another

Maclean, C.J. and Stevens, J.—I think the Court below was quite right. In my opinion, where in land-registration proceedings between certain parties, an order for costs has been made, the Deputy Collector has no, jurisdiction to make and file a certificate for the realization of the amount of those costs under the provisions of the Public Demands Recovery Act (I of 1895, B. C.) I concur generally in the reasoning and the conclusion of the Court below upon this point. I think it is clear that this was not a public demand within the meaning, of Act I of 1895, nor do I think it falls within sec. 7 of that Act, or within sec. 82 of Act VII of 1876, which deals with monies due, not to the parties but to the Collector. The appeal therefore fails and must be dismissed with costs. I may add that the point is very ably dealt with by the Munsif in his judgment.