YERRABOTH SATHIAH Vs. EDLA CHALIAH

JUDGEMENT

(1.) These are petitions to revise the order of the District Collector, Nalgonda in appeal No. 3/RPT/B-7 and 2/Rpt/B-7 dated 26-9-1957, Decision No. 120 and 121. The point which arose for decision has been formulated by the Collector as "a question of proof whether the payment is made or not". It is not disputed that the point for decision which arose and was decided was whether the Deputy Collector in the enquiry could go into the question as to whether the allegations by the tenants of payments having made to the landlord towards sale price of the land could be decided by the Deputy Collector. The learned Deputy Collector held that it was a matter to be decided by the Civil Court. The learned District Collector held that the decision of the Deputy Collector was wrong and that it was within the Jurisdiction of Revenue Courts to enquire into and decide the point.

(2.) A preliminary objection has been raised by the learned advocate for respondent under section 91 of the Act (Hyderabad Act No. XXI of 1950) to the effect that the order passed by the District Collector was only an order of remand and not a final order.

(3.) This court has held in C.R.P. No. 692 of 1957 that an order of remand (which was concerned in that case) was, on the face of it, not a final order, because It did not decide the rights of the parties. That decision applies to this case. I uphold the preliminary objection and hold that these revision petitions do not lie. I, therefore, dismiss them. No costs.