ANIL KUMAR,J. - (1.) HEARD Sri I.D. Shukla, learned counsel for the petitioner, Sri S.A. Jamal , learned counsel for opposite parties and perused the record. By means of present writ petition, petitioner has challenged the order dated 4.6.1992 ( Annexure no.4) passed by opposite party no. 1/ Board of Revenue , U.P. Allahabad.
(2.) LEARNED counsel for the petitioner submits that the order dated 4.6.1992 ( Annexure no.4) passed by opposite party no. 1/ Board of Revenue , U.P. Allahabad in Second Appeal No. 5(Z) of 1989-90 is in contravention to the provisions as provided under Section 331 sub-clause (4) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act. As per the said provision, it is mandatory on the part of the Board to formulate the substantial question of law while deciding the second appeal, the said exercise has not been done in the present case, as such the impugned order in question is contrary to law, liable to be set aside.
(3.) I have heard learned counsel for parties and perused the record. For deeper and better understanding of the aforesaid controversy involved In the present case, it would be expedient to reproduce sub-section (4) of Section 331 and Section 341 of U. P. Z. A. & L.R. Act, which read thus : 331. Cognizance of suits, etc. under this Act (4) A second appeal shall lie on any of "the grounds specified in Section 100 of the Code of Civil Procedure. 1908 (V of 1908) from the final order or decree, passed in an appeal under sub-section (3), to the authority, if any, mentioned against it in column 6 of the Schedule aforesaid. 341. Application of certain Acts to the proceeding of this Act.--Unless otherwise expressly provided by or under this Act. the provisions of the Indian Court Fees Act, 1870 (VII of 1870), the Code of Civil Procedure, 1908 [V of 1908). and the (Limitation Act, 1963 (XXXVI of 1963)), (including Section 5 thereof) shall apply to the proceedings under this Act. A conjoint reading of subsection (4) of Section 331 and Section 341 of U. P. Zamindari Abolition and Land Reforms Act, 1950. reveal that unless otherwise expressly provided by or under this Act the provisions of Indian Court Fees Act. 1870. the Code of Civil Procedure and the Limitation Act, 1963 including Section 5 thereof shall apply to the proceedings under U. P. Zamindari Abolition and Land Reforms Act. As regards second appeal, it is mandated under sub-section (4) of Section S31 that a second appeal shall lie on any of the grounds specified In Section 100 of the Code of Civil Procedure from the final order or decree passed in an appeal under sub-section (3). to the authority, if any. mentioned against it in column 6 of the Schedule given in the end of the Act No. 1 of 1951.;