RAKHAL PATAK Vs. KUMAR JYOTI PROSHAD SINGH DEO

JUDGEMENT

(1.) This is a rule calling on the opposite party to show cause why the judgment of the Deputy Commissioner of Manbhum, dated the 13 August 1908, should not be set aside or varied.

(2.) The Petitioner brought a suit for rent in the Court of the Deputy Collector of Raghunathpur. The opposite party intervened under Section 77 of Act X of 1859 on the ground that he had actually and in good faith received and enjoyed the rent before, and up to the commencement of the suit. The Deputy Collector held that the intervenor had failed to substantiate his ground and accordingly gave a decree to the plaintiff. The intervenor appealed to the Deputy Commissioner exercising jurisdiction as Collector under Act X of 1859 and the latter officer has reversed the judgment and dismissed the suit.

(3.) The point for decision in this case is whether an appeal lay from the judgment of the Deputy Collector, dated the 20 June 1908, to the Collector or to the Court of the Zillah Judge. That depends upon the question whether, having regard to the provisions of Sections 153, 155 and 160 of Act X of 1859, any question relating to title to land or to some interest in land as between parties having conflicting claims thereto, has been determined by the judgment in the sense that if no appeal is preferred from that judgment, it is final as between the parties.