BIDYADHAR MISRA Vs. RADHASHYAM PANDA

JUDGEMENT

(1.) These four applications are directed against the appellate decision of the Collector of Cuttack passed in four rent appeals which arose out of four rent suits tried by the Deputy Collector with six other suits. In all these suits the plaintiff was the same but the defendants were different.

(2.) In the four suits with which we are now concerned certain transferees of the disputed holdings from the recorded tenants intervened on the allegation that their purchases were recognized by the plaintiff. They prayed that they might be added as defendants. The Deputy Collector allowed their prayer, and accepting their plea of payment in full with regard to one suit and in part with regard to the other three dismissed the first mentioned suit altogether and decreed the other three suits in part against them and the original defendants jointly. The suits being all valued at less than Rs. 100 the plaintiff appealed to the Collector who reversed the decision, holding that the alleged purchases were not recognized by the plaintiff. He therefore allowed the appeals and decreed the suits against the original defendants only. Hence, these applications in revision by the purchasers.

(3.) The point taken on behalf of the petitioners by Mr. S.P. Mahapatra is that the Deputy Collector having decided "a question relating to title to land or to some interest in land as between the parties to the suit," the appeals lay not to the Collector but to the District Judge under the provisions of Section 204, Sub- sections (2) and (3), Orissa Tenancy Act, and therefore the decision of the Collector in the appeals was without jurisdiction. Sub-section (2) of Section 204 runs thus: In suits where the subject-matter of the claim or dispute does not exceed one hundred rupees in value, and the judgment does not decide a question whether rent is payable for land or not, or a question relating to title to land or to some interest in land as between parties to the suit, the judgment of the Collector shall be final: Provided that, if the suit be tried and decided by a Deputy Collector exercising the powers of a Collector, an appeal shall lie from the judgment of the Deputy Collector to the Collector. and Sub-section (3) is as follows: In suits other than those referred to in Sub-section (2) an appeal from the judgment of the Collector or Deputy Collector shall lie to the District Judge, unless the amount or value in dispute exceeds five thousand rupees, in which case the appeal shall lie to the High Court: Provided that a second appeal shall lie to the High Court under Order 42 in Schedule 1, Civil P.C., 1908, from any appellate decree passed by the District Judge under this section.