KALAYAN Vs. RAMSAHAI

JUDGEMENT

(1.) This is an appeal against the order of the learned single Member of this Board dated 20.9.60 by which he has rejected the application for revision against the order of Additional Commissioner Jaipur dated 30.5.59. A preliminary objection has been raised on behalf of the respondent by Shri Roop Chand Sogani against the maintainability of this special appeal. The argument is that this is a case under the Rajasthan Tenancy Act (No. 3 of 1955) (hereinafter referred to as the Tenancy Act), Sec. 222 whereof lays down that "no appeal shall lie from any decree or order passed by any revenue court except as provided in this Act. The appeals provided by this Act are only under Sec. 223 against the original decrees, under Sec. 224 against the the appellate decrees and under Sec. 225 against the orders. It is being contended that as the judgment under appeal is neither an order nor a decree covered by the provisions of Sec. 223, 224 or 225 of the Act, this appeal is not permissible in terms of Sec. 222. Now Sec. 10(1) of the Rajasthan Land Revenue Act, (No. 15 of 1956) hereinafter referred to as the Revenue Act) deals with the manner in which the jurisdiction is to be exercised by the Board of Revenue. It says "Except as otherwise provided by or under this Act or by any other law or enactment for the time being in force in the whole or any part of the State and subject to any rules made in that behalf, the jurisdiction of the Board may be exercised : - -

(2.) This is an argument obviously untenable. The constitution and the powers of the Board are dealt with by Chapter II of the Revenue Act. This subject is nowhere dealt with by the Tenancy Act. The constitution the general powers and the jurisdiction as well as the manner of exercising it will, therefore, be that laid down by the provisions in the Revenue Act. In that respect Sec. 10(1) will come into application to the cases under the Tenancy Act as well, unless specially excluded by any enactment.

(3.) In this connection it cannot, however, be ignored that the provisions of Sec. 10(1) of the Revenue Act themselves are subject to the provisions not only of this Act but of other Acts or enactments in force for the time being as well as the rules made in that behalf also. What is, however, so subject to is the manner of the exercising of the jurisdiction of the Board and not the appeals that might be heard by the Board in accordance with the provisions of any enactment for the time being in force. In other words, it is only how the jurisdiction vested in the Board by any enactment for the time being in force will be exercised that will be covered by the provisions of Sec. 10(1) and no more and at the same time in the manner of the exercise of jurisdiction by the Board it would be the provisions of this section that will prevail over the provisions of any other enactment whatsoever.