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TMI Blog1906 (4) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... the female apartments, and in order to remove the attachment the plaintiff paid the amount due. It is not denied that the defendants were liable to pay the arrears or that the plaintiff paid them in order to remove the attachment, nor is it denied that the property which was attached in the female apartments was the property of the plaintiff. The plaintiff instituted the suit out of which this appeal has arisen for recovery from the defendants of the amount so paid by her with interest. 2. The Court of first instance held that if the plaintiff had any cause of action it was against the Government and not against the defendants, and dismissed the suit. On appeal the learned District Judge held that the plaintiff was debarred from maintai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch he alleges to be due from him. Section 145 is the section which renders the statement of account certified by the Tahsildar conclusive evidence of the existence of an arrear of revenue, of its amount and of the person who is the defaulter. It appears to me that section 183 does not provide for a case in which a third party who is not a defaulter in the matter of payment of Government revenue, but whose property has been improperly attached to satisfy arrears of revenue, has paid the arrears in order to remove the attachment. It contemplates, I think, proceedings taken against a defaulter or defaulters only. This is shown by the provision which enables the party who may sue Government in a Civil Court for the amount paid by him under prot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and could not be brought in a Civil Court. There is no doubt that the claim of the plaintiff is in a sense connected with the collection of revenue, but had the Legislature when it enacted this clause in contemplation any other claims than claims which might be advanced by parties liable to pay revenue? I think not. The Act is one which regulates the relations of the Government on one side, and a limited class of persons, namely, sharers in revenue-paying mahals on the other, General words admit of restriction according to the subject to which they relate and the scope and object of the enactment. If the Legislature intended so important an innovation as is contended for, it would, I think, have manifested its intention in clear and explici ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment made by the plaintiff such a payment as comes within the purview of section 69 of the Indian Contract Act? That section lays down a wider rule than is recognized by the English authorities. The words a person who is interested in the payment of money which another is bound by law to pay are very wide. In order that the aid of the section may be invoked all that apparently is necessary is that a person has paid money which another was bound by law to pay and that he had an interest in the payment of that money. Undoubtedly the plaintiff was interested in the payment of the arrears of revenue which the defendants were liable by law to pay seeing that her property was attached, illegally it may be, to satisfy these arrears. In his re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to the plaintiff for the principal amount claimed with interest thereon at the rate of 6 per cent per annum from the 12th of September, 1900, to the date of realization, together with her costs in all Courts. Banerji, J. 8. I agree with the learned Chief Justice. It is manifest from the provisions of section 183 of the United Provinces Land Revenue Act (No. III of 1901) and specially the second paragraph of the section that the suit contemplated by the section is a suit against the Government by the defaulter himself and not by a third party. In the first paragraph it is provided that the person against whom such proceedings (that is, proceedings under Chapter VIII for collection of arrears of revenue) were taken may sue the Govern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Code of Civil Procedure, and therefore, upon the attachment of her property for recovery of arrears of revenue due by the defendant, she could not have preferred an objection claiming to have her property released from attachment. If it were held that she could not bring a suit like the present by reason of the provisions of section 233, clause (m), she would have no remedy for the wrong done to her. Such surely could not have been the intention of the Legislature in enacting that clause. 10. As the property of the plaintiff was attached and would have been brought to sale had she not paid the amount of revenue due by the defendant she was interested in the payment of money which the defendant was bound by law to pay. She is therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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