DARYAO SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution directed against the Hon'ble Board of Revenue, Uttar Pradesh and one Gandra Gir for a writ of prohibition to restrain opposite party No. 1 from trying revision No. 44 of 1950-51 in a case under Section 27, U. P. Tenancy (Amendment) Act of 1947.

(2.) The relevant facts are as follows: Section 27, U. P. Tenancy (Amendment) Act, 1947 provides for the reinstatement of certain tenants who had been ejected from their holdings under Section 165 or Section 171 or Section 180, U. P. Tenancy Act, 1939. Gendra Gir made an application under this section to the revenue Court. The trial Court dismissed that application. There was an appeal to the Collector under Sub-section (6) of Section 27 but it was infructuous. A petition in revision was filed before the Commissioner, but without any success. Thereupon ha filed a revision purporting to be under Section 275, U. P. Tenancy Act, 1939 before the Hon'ble Board of Revenue. The present applicants took a preliminary objection that the revision was not maintainable inasmuch as Section 27 of the Amending Act was self-contained and the order passed by the Collector was final under Sub-section (6) of that section. A learned member of the Hon'ble Board of Revenue considered this objection by an order, dated 14-8-1951, and held that the Board possessed the revisional jurisdiction. In this application, it is contended that the view taken by the Board of Revenue is erroneous and it has no jurisdiction to entertain and hear the revision.

(3.) Two objections have been raised before us. Firstly, it is contended that Section 27 being not a part of the U. P. Tenancy Act, 1939, orders passed under it do not fall within the purview of Section 275 of the present Act and there being no provision for revision in the Amending Act, the Board of Revenue has no jurisdiction to entertain the revision. Secondly, it is argued that the word "final" in Sub-section (6) of Section 27 has not been correctly interpreted by the Hon'ble Board of Revenue.