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Dwarka Prasad and anr. Vs. Ojha Dariao Singh - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtAllahabad
Decided On
Reported inAIR1929All560
AppellantDwarka Prasad and anr.
RespondentOjha Dariao Singh
Excerpt:
- 1. this is an appeal against an order of remand of a district judge in appeal which was filed before him against a decree of an assistant collector. a preliminary objection has been taken by dr. agarwala that the tenancy act 3 of 1926 does not provide for an appeal against an order of remand passed by a district judge in appeal. under section 240, tenancy act, no appeal lay from any decree or order passed by any court under the tenancy act except as provided by the act. section 242 provides that an appeal shall lie to the district judge from the decree of an assistant collector in certain suits. the present suit was one of those. we cannot find any provision in the tenancy act which allows an appeal to this court from an order passed by a district judge in appeal. we therefore, allow the.....
Judgment:

1. This is an appeal against an order of remand of a District Judge in appeal which was filed before him against a decree of an Assistant Collector. A preliminary objection has been taken by Dr. Agarwala that the Tenancy Act 3 of 1926 does not provide for an appeal against an order of remand passed by a District Judge in appeal. Under Section 240, Tenancy Act, no appeal lay from any decree or order passed by any Court under the Tenancy Act except as provided by the Act. Section 242 provides that an appeal shall lie to the District Judge from the decree of an Assistant Collector in certain suits. The present suit was one of those. We cannot find any provision in the Tenancy Act which allows an appeal to this Court from an order passed by a District Judge in appeal. We therefore, allow the preliminary objection and dismiss the appeal with costs.


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