BURLA APPANNA Vs. ANALA LATCHAYYA

JUDGEMENT

(1.) This is an application to the High Court to revise under Section 115, Civil Procedure Code, the proceedings of the Board of Revenue acting in the exercise of the powers vested in it by Rule 21 of the rules made by the Local Government under Section 215 of the Madras Estates Land Act, whereby the Board was constituted an appellate authority under Section 171 for the purpose of hearing appeals from decisions of Revenue Officers passed under Section 169 in the chapter relating to Record of Rights in Act I of 1908. It is alleged that the Board of Revenue acted illegally in the exercise of its jurisdiction by dismissing the petitioner's appeal without hearing him in person or by vakil.

(2.) It is a question whether the High Court can and should in the circumstances of this case exercise its revisional powers under the Civil Procedure Code. At the hearing of this petition the respondents were not represented. We have not therefore had the advantage of hearing arguments on both sides of this difficult question.

(3.) Under the Rent Recovery Law in force in Madras before Madras Act I of 1908 became law, judgments and orders of Revenue Courts were specially exempted from revision by any higher authority (vide Section 76 of Act VIII of 1865) and Velli Periya Mira V/s. Moidin Padsha (1886) I.L.R. 9 Mad. 332 Appandai V/s. Srihari Joishi (1893) I.L.R. 16 Mad. 451 and Venkatanarasimha Naidu V/s. Suranna (1894) I.L.R. 17 Mad. 298.