NARAYAN LAL Vs. RAMESH CHANDRA

JUDGEMENT

(1.) THIS order will dispose of preliminary objection raised by the respondent in special appeal filed u/s 101 of the Rajasthan Land Revenue Act against the decision of the Single Member of the Board dated 29-10-65. The facts of the case in brief, which are relevant for the purposes of disposal of this preliminary objection, are that in a suit for division of holdings u/s 53 of the Rajasthan Tenancy Act filed by the Respondent Rameshchandra, a receiver was appointed by the trial court. An appeal was filed against this order before the Revenue Appellate Authority but without success. A revision petition was filed in the Board but was rejected on 29-11-65. A special appeal was filed against this order which came up for hearing on 2nd September, 1966.

(2.) A preliminary objection was raised by the counsel for the respondent that no special appeal lies in such a case. Two grounds were taken in support of this contention. Firstly, u/s 222 of the Rajasthan Tenancy Act non appeal shall lie from any decree or order passed by any revenue court except as provided in the Act. Section 223 & 224 detail the appeals which have been provided in the Act. It was contended that special appeal as provided u/s 10 of the Land Revenue Act against order of Single Member of the Board is not countenanced u/s 222 of the Rajasthan Tenancy Act, and as the Rajasthan Tenancy Act is a special Act, its provisions will override those of the Land Revenue Act, and any special appeal under this Act against the order in revision of the Single Member of the Board would be incompetent. In support of his contention the learned counsel for the respondent brought to our notice two rulings of the Rajasthan High Court (Mohd. Umar vs. Ahmed, RLW 1965 Page 458) & Temple of Shri Bankateshwar Balaji vs. The Collector, Ajmer, wherein a special appeal u/s 18 of the Rajasthan High Court Ordinance was held to be incompetent.