Sri Sheoji Maharaj Sarbarakar Baldeo Gir Vs. Beni Madho and ors. - Court Judgment
|Judge||Mukerji and ;Bennet, JJ.|
|Reported in||AIR1931All415; 131Ind.Cas.33|
|Appellant||Sri Sheoji Maharaj Sarbarakar Baldeo Gir|
|Respondent||Beni Madho and ors.|
agra tenancy act (iii of 1926), section 249 - suit for profits--order of remand by district judge--appeal to high court, competency of. - .....of azamgarh. the case was a case in a revenue court being a suit for profits under section 227, agra tenancy act, act 3 of 1926. the appellant before us is the defendant. the lower appellate court set aside the decree of the assistant collector and remanded the case to the assistant collector for assessing profits under order 41, rule 23, civil p.c. under section 249, agra tenancy act of 1926, ' no appeal shall lie from any order passed in appeal.' accordingly no appeal lies to this court. we may point out that appeals which lie to this court under the agra tenancy act of 1926 are either appeals from original decrees under section 242 or appeals from appellate decrees' under section 246. the act definitely states in section 249 that there shall be no appeal from orders passed in.....
1. This purports to be a first appeal from an order passed in appeal by the learned District Judge of Azamgarh. The case was a case in a revenue Court being a suit for profits under Section 227, Agra Tenancy Act, Act 3 of 1926. The appellant before us is the defendant. The lower appellate Court set aside the decree of the Assistant Collector and remanded the case to the Assistant Collector for assessing profits under Order 41, Rule 23, Civil P.C. Under Section 249, Agra Tenancy Act of 1926, ' no appeal shall lie from any order passed in appeal.' Accordingly no appeal lies to this Court. We may point out that appeals which lie to this Court under the Agra Tenancy Act of 1926 are either appeals from original decrees under Section 242 or appeals from appellate decrees' under Section 246. The Act definitely states in Section 249 that there shall be no appeal from orders passed in appeal. An order of remand is an order passed in appeal. Accordingly, the present appeal does not lie to this Court. We have also examined the merits of the case for the appellant and consider that the decision, of the lower appellate Court was correct. Accordingly we dismiss this appeal under Order 41, Rule 11, Civil P.C.