SADAI MUDULI Vs. PROSADI BISWAL

JUDGEMENT

(1.) This is an application for revision of an order passed by the Collector of Balasore dismissing an appeal from a Deputy Collector who had decreed a suit for rent against the present petitioner. The defence to the claim for rent was that the plaintiff-opposite parties were not the landlords and that the rent had been paid to another person who was the landlord. The Deputy Collector who heard the suit, came to the conclusion that a relationship of landlord and tenant did exist between the plaintiffs and defendant and finding that the rent had not been paid he decreed the suit. The defendant himself appealed to the Court of the Collector and the appeal was dismissed.

(2.) Since a recent Full Bench decision of this Court, it cannot now be argued that an order of the Collector passed under Section 204, Orissa Tenancy Act, is not revisable by this Court. But the question arises whether or not this particular order should be revised.

(3.) It has been contended by Mr. P.C. Chatterji that the Collector had no jurisdiction to hear this appeal, though he frankly admits that it was his client who invited him to it. Further, it is clear that a party or both parties for that matter cannot give a Court jurisdiction by consent or agreement. It is contended that by reason of Sub-sections (2) and (3) of Section 204, Orissa a Tenancy Act, the appeal in this case lay not to the Collector but to the District Judge. The suit was for less than Rs. 100; but it is said that as the defendant had denied that the plaintiffs were his landlords, a question of title to the land arose. Section 204(2), Orissa Tenancy Act, is in these terms: In suita 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 the 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. Sub-section (3) provides: 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....