RAMASWAMI GOUNDAN Vs. KALI GOUNDAN

JUDGEMENT

(1.) This petition arises out of an order of the Deputy Collector of Namakkal under Section 131, Madras Estates Land Act, setting aside a sale for arrears of rent

(2.) The preliminary objection is taken that this Court has no power to revise such an order. I do not think this objection can be upheld. It is true that Section 205 of the Act (read with the schedule, Part B, No. 19) gives a power of revision to the Board of Revenue or the District Collector in the case of such an order : and in the present case, petitioner has invoked the interference of both the authorities named without success. But Section 192 renders Section 115 of the present Code of Civil Procedure (old Section 622) applicable to all suits, appeals and other proceedings under the Madras Estates Land Act. It may seem undesirable that the power of revising the same order should vest in two authorities so different in their constitution and ordinary procedure as this Court and the Board of Revenue; and one may wonder whether such a result was deliberately intended by the Legislature or arrived at by inadvertance. Nevertheless we have to interpret the Act as it stands. It is impossible to say that the grant of the power of revision to this Court is inconsistent with the grant of similar power to the Collector, and Board of Revenue : and I think it must be held that Section 192 vests this Court with the power of revision, which Petitioner invokes.

(3.) Its exercise is, of course, always discretionary; and where, as in the present case, the petitioner has previously applied to the revenue authorities under Section 205 without success, I think this Court might reasonably decline to exercise it unless imperatively called upon to do so to prevent a miscarriage of justice.