(1.) This is a reference to the High Court under the Tenancy Act. The facts are clearly set forth in the referring order of Mukerji, J., and it is not necessary to repeat them.
(2.) A suit for arrears of rent was filed in the Court of the Assistant Collector when the old Tenancy Act was in force. Before it could be-decided, the new Act came into force on 7 September 1926. The suit was decreed on 23 December 1926.
(3.) Under the old Act a defendant had undoubtedly a right of appeal to the District Judge, if the decree went against him. Under the new Act, there is no appeal from the decision of an Assistant Collector of the first class, when the valuation of the subject-matter is less than Rs. 200.