Law: Public Demands Recovery Act, 1913

Section:

Public Demands Recovery Act (III of 1913), S. 3 (6) and Sch. I, Art. 7-Demand must be payable to Collector by person holding "any interest in land"-Possession of Government property by trespasser not "interest in land" recognised by law-Government not entitled to start certificate case against trespasser for realisation of compensation for use and occupation. JUDGMENT   HASAN, J.-On the 20th December 1952, the plaintiff took a lease of fishery from the Government in respect of certain properties for a period of three years commencing from the 1st April 1952, at a rental of Rs. 3,000 per year. It appears from the cases of the parties that by the river Dhanu there are certain beels. In respect of Maklain beel, Nandail patua beel and Goldwar beel, the Collector of Mymensingh started a certificate proceeding against the plaintiff for realisation of Rs. 12,000. In the present suit, the plaintiff has contended that the said certificate proceeding started by the Collector is without jurisdiction inas much as the aforesaid beels are covered by his lease vide Exh. D, dated 20th December 1952. The Government, on the other hand, has challenged the plaintiff's statement alleging inter alia that the aforesaid three beels were not leased out to the plaintiff vide Exh. D but the plaintiff trespassed into these beels and as such the plaintiff is liable to the Government for which the aforesaid Certificate Case has been started.   The learned Subordinate Judge, 3rd Court, Mymensingh, who tried the suit decreedthe suit holding that the Certificate Case No. 1046 K- M. of 1955-56 started against the plaintiff is null and void as there is no provision in the Public Demands Recovery Act to start a certificate proceeding against a trespasser for realisation of compensation for use and occupation of land. Hence the present appeal at the instance o the Government.   Mr. Jane Alan, the learned Assistant Government Pleader appearing for the appellanthas contended that in view of the provision of section 3 (6) and clause (7) of Schedule I of the Public Demands Recovery Act, the Government is entitled to start a certificate case against a trespasser…