To Prove the Liability Merely on the Basis of Khatauni Mal Would Not Be Justified," Declares High Court While Dismissing State Appeals

In a significant ruling, the High Court of Punjab and Haryana dismissed appeals by the State against a Sarbrah Lambardar from village Mehmal Throta, emphasizing the need for concrete evidence beyond mere records like Khatauni Mal to establish financial discrepancies.

Legal Context and Background: The issue revolved around alleged unpaid irrigation dues dating back to 1975, involving the respondent, a Sarbrah Lambardar responsible for collecting land revenue. The State contended that the respondent had not deposited the collected dues in full, which led to the initial trial and subsequent appellate litigations.

Detailed Facts and Issues: The appellants, state representatives, alleged that from 1975 to 1988, the respondent failed to deposit a significant portion of the land revenue collected, summing up to Rs.82,559.84. The respondent countered these claims by providing documentary evidence of the deposits. The first appellate court had overturned the trial court’s decision, which had initially ruled against the respondent.

Court’s Assessment and Observations: The High Court, led by Justice Alka Sarin, noted the reliance of the trial court on Khatauni Mal as flawed, citing it insufficient to prove non-deposit of dues by the respondent. The appellate judgment highlighted, "By mentioning these figures in the Khatauni Mal, it cannot be said that this amount was taken by the appellant from the various landholders and he did not deposit the same in the Government Treasury." The court criticized the trial court's approach, advocating for robust evidence to establish financial misconduct.

Justice Sarin further elaborated, "This being so, the finding of the trial court on issue No. 1 is set aside. It is held that the appellant was entitled to the relief claimed by him."

Decision: The court dismissed the appeals, affirming the decision of the First Appellate Court which had favored the respondent, confirming his adherence to deposit obligations and criticized the reliance on insufficient evidence.

Date of Decision: 19th April 2024

Naib Tehsildar/AC IInd Grade, Nissing & Anr. vs. Harbans Singh (Deceased) Through Lrs