Decided on February 01,1900

BUDHUN MAHTO Respondents


Francis W Maclean, C J - (1.) It is, I think, reasonably clear that the question referred to us ought to be, and must be, answered in the negative. It is urged by the appellant that a second appeal lies under Section 584 of the Civil P. C.. It is true an appeal lies under that section "unless otherwise provided by this Code or by any other law," and by Section 4 of the same Code nothing contained in that Code shall be deemed to affect "any law heretofore or hereafter passed under the Indian Councils Act, 1861, by a Governor or a Lieutenant-Governor in Council, prescribing a special procedure for suits between landholders and their tenants," The Chota Nagpore Landlord and Tenant Procedure Act (Bengal Act I of 1879) is concededly covered by Section 4 of the Code, and the question we have to decide is whether, upon the construction of that Act, a second appeal lies. The sections, upon which the question turns, are Secs.37 and 144.
(2.) Section 37 provides that "all suits for arrears of rent," and this was a suit for arrears of rent, "shall be cognizable by the Deputy Commissioners, and shall be instituted and tried under the provisions of this Act and shall not be cognizable in any other Court, except in the way of appeal as provided in this Act."
(3.) This language is clear and precise, and no question can properly arise as to its construction. We must then ascertain what is the provision for appeal in the Act? This takes us at once to Section 144.;

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