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B. Adya Saran Vs. Kali Charan and anr. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in75Ind.Cas.280
AppellantB. Adya Saran
RespondentKali Charan and anr.
Cases ReferredGaj Kumar Chander v. Syed Salamat Ali
Excerpt:
agra tenancy act (ii of 1901), section 167 - suit cognisable by revenue court--appeal--revision--high court, power of. - piggott, j.1. this is an application in revision against an order by which the district judge of cawnpore refused to entertain a petition of appeal presented to him against the decree of an assistant collector in what was beyond question a suit under the local tenancy act, ii of 1901. the suit, as originally brought, was a suit of the description covered by serial no. 36, group c, of the fourth schedule to the said enactment and under the provisions of sections 150 and 154 of the said act. it is possibly an arguable point whether the particular decree against which the petition of appeal was presented in the court of the district judge, was really a decree in the suit as originally instituted, or whether it could be troated as a decree in a separate suit or proceeding which had arisen out.....
Judgment:

Piggott, J.

1. This is an application in revision against an order by which the District Judge of Cawnpore refused to entertain a petition of appeal presented to him against the decree of an Assistant Collector in what was beyond question a suit under the local Tenancy Act, II of 1901. The suit, as originally brought, was a suit of the description covered by Serial No. 36, group C, of the Fourth Schedule to the said enactment and under the provisions of Sections 150 and 154 of the said Act. It is possibly an arguable point whether the particular decree against which the petition of appeal was presented in the Court of the District Judge, was really a decree in the suit as originally instituted, or whether it could be troated as a decree in a separate suit or proceeding which had arisen out of the former one and fell under the purview of Serial No. 38 of group C of the Schedule already mentioned, being governed by the provisions of Section 150/158 of the Tenancy Act. In any event, the petition of appeal to the District Judge invited him to take cognizance 'in the way of appeal' within the meaning of Section 167 of the Local Tenancy Act, 11 of 1901, of a matter in respect of which a suit of the nature specified in the Fourth Schedule of the Act, not only might have been brought, but had actually been brought. The District Judge held that the provisions or Section 177 of the aforesaid Tenancy Act, II of 1901 did not give him jurisdiction to entertain the appeal.

2. The application before me is in revision against an order returning the petition of appeal which followed upon the above mentioned decision.

3. A preliminary objection is, taken that this Court has no jurisdiction to take cognizance of this matter byway of a petition of revision. I stand committed to the view that the cognizance of this Court is barred by Section 167 of the Local Tenancy Act already referred to. I gave my reasons for this conclusion in the case of Parbhu Narain Singh v. Harbans Lal 35 Ind. Cas. 279 : 14 A.L.J. 281 : at pp. 291. 292. My view was subsequently adopted by another learned Judge of this Court in a decision which has found its way into the authorised reports, vide Jumna Prasad v. Karan Singh 46 Ind. Cas. 338 : 41 A. 28 : 16 A.L.J. 859. On the other side my attention has been drawn to a number 'of instances in which this Court has assumed jurisdiction to interfere in revision with orders such as the one now before me. Most of these cases are unreported and I do not find any of them in the authorised reports. I am, however, referred to the case of Kesho Das v. Marat Pandey 23 Ind. Cas. 320 : 12 A.L.J. 367. The jurisdiction of this Court to interfere in revision was, in this and in similar cases, taken for granted, but not judicially affirmed upon objection raised. In this state of the authorities I might have felt disposed to refer the question of jurisdiction to a Bench of two Judges, but I find that this has already been done. The case of Gaj Kumar Chander v. Syed Salamat Ali 52 Ind. Cas. 756 : 42 A. 83 : 17 A.L.J. 1057 : 1 U.P.L.R. (A.) 142 is one in which the question of principle, about which another learned Judge of this Court had dissented from me in Parbhu Narain's case 35 Ind. Cas. 279 : 14 A.L.J. 281 : at pp. 291. 292 was expressly referred to a Bench of two Judges for determination. The learned Judges have in terms adopted the view affirmed by me in Parbhu Narain's case 35 Ind. Cas. 279 : 14 A.L.J. 281 : at pp. 291. 292. I feel bound, therefore, to hold that the question of the entertainability of this application is concluded by authority. I hold that it is not entertainable and on this ground dismiss it with costs.


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