Sikri, J. - (1.) The only question involved in this appeal by special leave is whether an appeal lies against an order passed under Section 168 of the U. P. Tenancy Act, 1939, hereinafter referred to as the Act. Before we deal with this point it is necessary to give a few facts.
(2.) Balak Singh, appellant before us, was a tenant of the respondent Waqf. The respondent had obtained a decree on May 17, 1956, for Rs. 752/- against Balak Singh for arrears of rent. The respondent tried to execute the decree by attachment of crops, but Balak Singh had apparently removed the crops. Thereupon the respondent, through one Reazuddin, claiming to be the Mutawalli of the respondent Waqf, applied under Section 168 of the Act, praying that the amount of the decree be got paid under Section 168 and in default of payment of the decretal amount Balak Singh may be dispossessed. This application was filed on July 4, 1957. On April 3, 1958, notice was issued under Section 168 for May 2, 1958. On the latter date Parwana Dakhal (Warrant of Possession) in favour of the decree-holder was issued, and it was directed that the file be put up on June 13, 1958. On May 30, 1958, Balak Singh put in a petition raising various objections, one of them being that no notice of the proceedings taken under Section 168 had been served on him. He further contended that Reazuddin had no right to file the application under Section 168. On July 12, 1958, the Assistant Collector, 1st Class, cancelled the order dated May 2, 1958, and directed that fresh notice be issued under Section 168 of the Act to the judgment debtor giving him time upto August 8, 1958, "to deposit the decretal amount otherwise he will be ousted of the land in suit". He also directed that the decree-holder should file evidence of the succession of Reazuddin to Abdul Latif who was the previous Mutawalli.
(3.) On August 8, 1958, Balak Singh raised some more objections, including the objection that he should be granted 120 days time for payment of the decretal amount in execution as provided in Section 168. On August 8, 1958, the Assistant Collector held that he had already given a long time to pay the dues and no question of granting further time arose. He further held that Reazuddin had filed papers to prove that he had a right to continue the proceedings. The Assistant Collector confirmed the order previously passed regarding delivery of possession to the decree-holder. He noted that possession had already been delivered.;