Bachawat, J. - (1.) On April 24, 1958, the respondent claiming to be the cultivating tenant of the appellant in respect of certain lands in Manapparavai Vattam, Nannilam Taluk deposited Rs. 462 as rent for 1367 fasli in the Revenue Court (the Court of the Revenue Divisional Officer), Tanjore under S. 3 (3) of the Madras Cultivating Tenants Protection Act, 1955 (Madras Act No. 25 of 1955) and filed an application before the Court praying for a declaration that the amount deposited represented the correct amount of rent due from him. The appellant denied that the respondent was his cultivating tenant. On July 31, 1958, the Revenue Court, Tanjore held that the respondent was not a cultivating tenant of the appellant and could not claim the benefit of S. 3 (3) and dismissed the application. The respondent filed a petition in revision before the Madras High Court under S. 6-B of the Ac read with S. 115 of the Code of Civil Procedure. The High Court came to the conclusion that the respondent was a cultivating tenant of the appellant and by its order, dated March 27, 1959, allowed the revision petition and declared that the amount deposited by the respondent represented the correct amount due from him to the appellant. The appellant now appeals to this Court by special leave.
(2.) Counsel for the appellant submitted that the finding of the Revenue Court that the respondent was not a cultivating tenant was a finding of fact and the High Court had no jurisdiction to set it aside on revision. On the other hand, counsel for the respondent submitted that the finding was in respect of a collateral fact upon the existence of which the jurisdiction of the Revenue Court under S. 3 (3) depended and the High Court had ample power to revise the finding under S. 6-B of the Act. Section 6-B is in the these terms: ''The Revenue Divisional Officer shall be deemed to be a Court subordinate to the High Court for the purpose of S. 115 of the Code of Civil Procedure, 1908 (Central Act V of 1908), and his orders shall be liable to revision by the High Court under the provisions of that section."
(3.) Section 6-B empowers the High Court to revise the decision of the Revenue Divisional Officer under S. 115 of the Code of Civil Procedure, and for the purposes of the section, the Officer is deemed to be a subordinate Court. Section 115 is in these terms: ''The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears- (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit." ;