CHIMHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE are special appeals under sec. 10 of the Rajasthan Land Revenue Act, 1956, against the orders passed in revision by two Members of this Board sitting singly. The impugned orders arose from interlocutory orders passed by the lower courts in suits under the Rajasthan Tenancy Act, 1955. Sec. 10 of the Land Revenue Act was amended by Ordinance No. 1 of 1964 which was published in the Gazette on 10. 1. 1964. Subsequently the Ordinance was replaced by an Act of the State Legislature (Act No. 5 of 1964) which was published in the State Gazette on 26. 3. 1964. According to Sec. 5 of the Rajasthan General Clauses Act, 1955, any Rajasthan law made after the first day of November, 1956 which is not expressed to come into operation on a particular day, shall, if it is an Act or Ordinance of the Governor or the President, come into operation on the day on which it is first published as such Act or Ordinance in the Rajasthan Gazette. The amendment of sec. 10 of the Rajasthan Land Revenue Act 1956 which thus came into operation on 10. 1. 1964 adds the following clause to the first proviso to Sub-sec. (1): - "if the Member who passed the judgment declares that the case is a fit one for appeal. " The proviso as amended would read as follows : - "provided that a party aggrieved by a decision of a single member shall have the right to make a special appeal to a bench consisting of two or more members of the Board within one month from the date of the decision of the single member, if the member who passed the judgment declares that the case is a fit one for appeal".

(2.) THE preliminary question that has arisen in these special appeals before us is whether any certificate of fitness for appeal to a bench consisting of two or more members is an essential pre requisite for these appeals being entertained. Admittedly, those special appeals have been filed after the amendment of sec. 10, but the proceedings which have given rise to them commenced long before the amendment.