Ambika Bala Dasi v. Gobind Naik And Others

Ambika Bala Dasi v. Gobind Naik And Others

(High Court Of Judicature At Patna)

| 27-07-1928

Boss, J.A preliminary objection is taken that this application does not lie. The application is in revision against an appellate judgment of the Deputy Commissioner on a decree passed by the Deputy Collector in a suit for rent where the amount sued for was less than Rs. 100. u/s 218, Chota Nagpur Tenancy Act, the judgment of the Deputy Collector in such a suit is not open to appeal or revision subject only to one proviso, that there may be an appeal to the Deputy Commissioner.

2. It is contended that because this appellate judgment of the Deputy Commissioner referred to in Clause (2), Section 218, is not expressly stated not to be amenable to revision or further appeal therefore revision lies In my opinion this is an impossible construction of the section. Clause 1 enacts that a judgment in such a suit shall be final and not subject to appeal or revision except in the particular circumstances provided by Clause 2; that is to say, the only modification to which such a judgment is open is modification by appeal to the Deputy Commissioner. It follows therefore that no revision lies. Then it is argued that if there is no revision to the revenue authorities there is revision to the High Court. This argument seems to me to be entirely without force. The Courts of appeal and revision in rent suits are the Commissioner and Board of Revenue, and the High Court has got nothing to do with them where there is no question of title.

3. The application is dismissed with costs; hearing-fee one gold mohur.

Advocate List
Bench
  • HON'BLE JUSTICE Boss, J
Eq Citations
  • AIR 1928 PAT 567
  • LQ/PatHC/1928/121
Head Note

Practice and Procedure — Revision — When not maintainable — Revision against appellate judgment of Deputy Commissioner in rent suit where amount sued for was less than Rs. 100 — S. 218, Chota Nagpur Tenancy Act