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A Case Comment on Sardara Singh & Anr. V. Sardara Singh & Ors. (1990) 4 Scc 90

In: Social Issues

Submitted By shrunjal
Words 2556
Pages 11
BACKGROUND OF THE CASE

The matter at hand came before the Honorable Supreme Court of India in the form of a Special Leave Petition under Article 136 of the Constitution of India, 1950 from the decision of the High Court of Punjab & Haryana. This case has had a serpentine history, beginning from the institution of a suit in 1965 in the lower court, going in appeal to the Division Court, from there in second appeal to the Single Judge of the High Court of Punjab & Haryana who referred it to the Division Bench of the High Court, and then finally being disposed by the Honorable Supreme Court of India in 1990.

The case assumes importance as it relates to some very important questions of law, which were finally put to rest by this judgment of the Honorable Supreme Court of India. This matter deals with the question of the jurisdiction of the civil courts in matters of Land Revenue. The other question that has been deliberated upon in this matter is as regards to the nature of Section 85 and Section 86 of the Punjab Land Revenue Act, 1887. These Sections being analogous to Rule 84, 85, and 86 of the Code of Civil Procedure, 1908 have been interpreted in light of the interpretation afforded to these Rules of the Civil Procedure Code, 1908.

FACTUAL MATRIX OF THE MATTER

At the heart of the dispute was the allegation that Sardara Singh had been appointed as the substitute Lambaradar on 8th November, 1957 for District Ferozpur replacing the previous substitute, Hardit Singh (the original Lambardar being Narain Singh, who had undertaken liability for the land revenue which was in arrears). It was alleged that despite collection of the amount by Sardara, the same had not been deposited with the Government Treasury; consequently he was prosecuted under Section 409 of the Indian Penal Code, 1860 in relation to the amount in arrears. However, he was acquitted by the

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