RAGHUNATH Vs. PAHLADDAS

JUDGEMENT

(1.) THESE appeals (Miscellaneous Appeals Nos. 183, 184 and 185 of 1941) arise out of the fact that the trial Court made a reference under Section 75(3), C.P. Land Revenue Act, and it is contended that this decision to make a reference amounted to a decree. The argument is based on the decision in Shrideo Ram Janki Mandir v. Nathuram A.I.R. 1941 Nag. 84 where it was held that an order dismissing one alternative ground of a plaintiff's claim is appealable. In this ease the defendant was recorded as malik makbuza muafidar malguzar at the last settlement, and the plaintiff made an application for reference under Section 75, C.P. Land Revenue Act, which disclosed a contention that the muafi grant terminated when the grantor lost the village. It is argued that the trial Court in para. 9 when it refers the question of the muafi grant (which must include matters mentioned in the plaintiff's application) to the revenue authorities was in some way shutting out the defendant's contentions, with the result that an appeal would lie. I am unable to take the view that an appeal lies in this case, and agree with the learned Judge of the first appellate Court that it is unnecessary at this stage to enter into the merits of the procedure adopted by the trial Court. It is said by the learned advocate for the appellant that once a reference has been made, the trial Court will have to decide the question of the muafi grant in accordance with the answer to the reference. That is so, but that will not shut out any remedy the appellant would have if the reference were in appeal held to be illegat The reference may be answered in favour of the defendant, or it may not; the suit may be dismissed, or it may be decreed; possibly, a revisional application might have been entertained if made in time-as to this I express no opinion - but I am quite clear that no appeal lies from an interlocutory matter of this kind. The decision of the first appellate Court is correct. In consequence this appeal is dismissed with costs, and this judgment will govern the other two connected appeals. Consolidated counsel's fee in all three appeals, Rs. 50.