MAHENDRA KUMAR Vs. BOARD OF REVENUE AND ORS.

JUDGEMENT

(1.) SAFDAR Ali Khan Respondent No. 2 filed a suit Under Section 209 of the UP ZA and LR Act (hereinafter referred as the Act) for ejectment of Mahendra Kumar the present Petitioner. The trial court dismissed the suit accepting the defence contention that the land in dispute was not identifiable. The first appellate court allowed the appeal and set aside the decree and remanded the case to the trial court for a fresh decision. The Defendant went up in appeal to the Board of Revenue. The Board of Revenue without going into the merits of the case dismissed the appeal as not maintainable. Relying on an earlier judgment of its own reported in Deo Narain v. Ram Sumer, 1956 RD 344 the Board of Revenue held that no appeal was maintainable against the order of remand.

(2.) THE suit had been filed Under Section 209 of the Act. An appeal lay against the decree of the trial court to the Commissioner Under Section 331(3) of the Act. Every order or decree passed in appeal is appealable to the Board of Revenue if it is an order or decree as contemplated by Sub -section (4) of Section 331 of the Act. Sub -sections (3) and (4) of the Act read as under:

(3.) A second appeal shall lie on any of the grounds specified in Section 100 of the Code of Civil Procedure, 1908 from the final order or decree passed in an appeal Under Sub -section (3), to the authority, if any, mentioned against it in column no, 6 of the schedule aforesaid.