Anjani Kumar, J. - (1.) This writ petition arises out of proceedings of suits filed by the plaintiff under section 229-B of U.P.Z.A. and L.R. Act (in short the Act). Petitioner is aggrieved by the impugned order passed by the Board of Revenue wherein the Board of Revenue has decided the second appeal filed before it agauist the petitioner. Learned Counsel for the petitioner has submitted that a second appeal lies against the judgment and order of lower appellate Court in view of the provisions of section 331(4) of the Act which is reproduced below: "331 (4) that 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."
(2.) Learned Counsel for the petitioner has submitted that a perusal of section 331(4) demonstrates that a second appeal shall lie to the Board of Revenue 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. Learned Counsel for the petitioner further relied upon section 341 of the Act which provides as under : "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."
(3.) On the strength of aforesaid two provisions and section 100 of the Code of Civil Procedure read with sub-sections 3, 4 and 5 which are reproduced below Counsel for the petitioner has submitted that a second appeal can be entertained and decided by Board of Revenue only when Board of Revenue while deciding the second appeal is satisfied that substantial question of law is involved in any case, thereafter second appellate authority shall formulate that substantial question. It is only after satisfaction of the second appellate authority that a substantial question of law is involved and formulation of the question so involved the second appeal shall be heard and decided. Section 100, Second Appeal.............. (3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal. (4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question. (5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question : Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question.;