LAWS(RAJ)-1955-4-3

LALU Vs. PANCHAN MUSALMAN

Decided On April 04, 1955
LALU Appellant
V/S
PANCHAN MUSALMAN Respondents

JUDGEMENT

(1.) THIS is a revision application under sec. 26 of the Revenue Courts Procedure and Jurisdiction Act, 1951, against the Order of the S. D. O. Pratabgarh dated 18 8-54.

(2.) A preliminary objection as to the maintainability of this application has been raised by the learned counsel for the opposite party, on the ground that under sec. 26 the Act, a revision to Revenue Board is competent only in cases in which no appeal lies to the Bored. In the present case, the order in question was given by the trial court (Asstt. Collector) on an application in a suit under Act. 28 Group B Schdl. I of the Act in which a first appeal lies to the Commissioner and a second appeal to the Revenue Board under sec. 19 (iii) and 20 (iii) of the Act. The learned counsel for the applicant also conceded to this. In the circumstances the revision application being incompetent it is hereby rejected. .