KISTOOR CHAND Vs. CHANDRA SINGH

JUDGEMENT

(1.) PER K. S. Ujwal, (G. L. Mehta, Chairman C. S. Gupta and R. Mookerjee in agreement) A Division Bench of this Board heard this special appeal and requested the Chairman to constitute a Bench consisting of more than two members to give an authoritative pronouncement on the following question: - "in view of the Larger Bench Judgment reported in 1969 R. R. D. 318, and in view of the fact that section 74 of the Land Revenue Act is similar to Section 222 of the Tenancy Act, is there, subject to the provisions of Section 77, a right of special appeal against a decision of a Single Member of the Board in a case under the Land Revenue Act and, if not, will the proviso to Section 10 (1) of the Land Revenue Act and Section 77 (b) of the same Act be deemed to be sterile section ?"

(2.) A bench of three members was constituted for the purpose. The majority of the counsel who appeared before this three Member Bench felt that it would be in the fitness of things if,in view of the larger Bench judgment in the case of Sodagarsingh vs. Revad Ram (1969 R. R. D. 318) a full bench consisting of 5 or more Members is constituted to hear this matter. The Hon'ble Chairman was accordingly requested to cons-titute a Full Bench of 5 Members. The present Full Bench consisting of 5 Members was, therefore, constituted for deciding this reference.

(3.) WHEN this special appeal came up for hearing before the D. B. of the Board a preliminary objection was, raised it seems, by the learned counsel for the non-applicant. It was urged by him that the special appeal is not maintainable in view of the decisions of the Board in the cases of Sodagar Singh vs. Revadram (1969 R. R. D. 318), Janta Khanpur Vs. Bherun Singh (1973 R. R. D. 55) and Devsi vs. Jugal Kishore (1973 R. R. D. 58 ).