BHAGWAT DAS Vs. CHHEDI KOERI

JUDGEMENT

(1.) These cases have been referred to this Full Bench and the matter for consideration is whether in the particular circumstances of this case this Court has power to exercise its revisional jurisdiction under Section 115 of the Code of Civil Procedure. The reference has been occasioned by conflicting decisions in this Court regarding the question of the competence of this Court to interfere in a matter of this kind by way of revision. The facts may be briefly stated as follows:

(2.) Two suits were filed by two zamindars for the recovery of what purported to be arrears of rent and these suits were suits under serial No. 2, Group A, of the 4 schedule attached to the Tenancy Act. In each case the valuation of the suit was below Rs. 100 and by reason of that fact the decrees in the suits were appealable to the Collector under the provisions of Section 176. The suits were decreed in the Court of first instance and thereupon there was an appeal to the Collector who affirmed the decrees of the trial Court. Then a further appeal was taken to the District Judge and the result of the proceedings before the District Judge has been that the suits of the two zamindars have been dismissed with respect to a certain portion of the claim in each case. It was held that certain sums claimed in each of the two suits as being rent were not in fact rent and could not be recovered in suits for arrears of rent.

(3.) Two applications in revision have been filed against the order of the District Judge passed in the circumstances above mentioned, and it is represented that for certain reasons this Court ought to interfere in revision and discharge the orders which have been passed by the District Judge. The question we have now to determine is whether or not this Court is competent to interfere with these orders of the District Judge in exercise of the powers conferred by Section 115. Prima facie this Court has jurisdiction to entertain these applications, for it is not to be denied that the Court of the District Judge is a Court subordinate to this High Court. It has however been contended that the jurisdiction of the High Court to exercise its powers in revision has been taken away by the special legislation contained in the Tenancy Act, U.P. Act II of 1901, and in particular by the enactment contained in Section 167 of that Act.