PHON SYIH Vs. STAR CEMENT MEGHALAYA LIMITED

JUDGEMENT

(1.) In this revision petition filed under Article 227 of the Constitution of India read with Rule 36A of the Rule for the Administration of Justice and Police in the Khasi Jaintia Hills 1937, the petitioner is aggrieved by the order dated 18-02-2019 passed by the learned Court of Assistant to Deputy Commissioner, East Jaintia Hills District, Khliehriat in Misc. Case No. 3 of 2018 arising out of Title Suit No. 4 of 2018.

(2.) Learned counsel for the respondent Caveator raised the preliminary issue that the order dated 18-02-2019 passed by the Assistant to Deputy Commissioner is appealable before the Deputy Commissioner, East Jaintia Hills District, Khliehriat under Rule 36A of the Rule for the Administration of Justice and Police in the Khasi Jaintia Hills 1937 (in short The Rules), where the High Court or Deputy Commissioner has been conferred powers of Appeal and Revision.

(3.) It was urged by the learned counsel for the respondent that an appeal is maintainable before the Deputy Commissioner as Deputy Commissioner has been held Court of Appeal against the order of Assistant to Deputy Commissioner and the High Court shall be Court of Appeal from the order of the Deputy Commissioner if the value of the suit be Rupees Five Hundred or over, or if the suit involve a question of tribal right or customs, or of right to, or possession of, immovable property.