JAI SINGH PLAINTIFF Vs. MAM CHAND AND OTHERS

JUDGEMENT

(1.) The question referred to the Full Bench in these appeals is:

(2.) Sub-section (1) of S. 23, U.P. Agriculturists' Relief Act is:

(3.) Different interpretations of the relevant portion of S. 23 were put by this Court in the two cases of Tajpal Singh v. Ganga Sahai, 1952 AIR(All) 808and Gaya Rai v. Lalji Rai., 1953 AIR(All) 579(B). The view taken in the first case was that appeals from the orders of a civil Court under Chap III, U.P. Agriculturists' Relief Act would lie to the Court to which original decrees from that Court would have lain according to the valuation of the decrees as laid down in S. 21, Bengal, Agra and Assam Civil Courts Act (12 of 1887). The view expressed in the latter case was that all appeals, irrespective of the valuation of the suits, would lie to the Court of the lowest jurisdiction.