M.Y.EQBAL, J. - (1.) THIS matter has been placed under the heading 'for order' for deciding the maintainability of this Second Appeal.
(2.) THIS second appeal has been filed against the judgment and order dated 24.6.2002 passed by Additional District Judge VIII, Dhanbad in Title Appeal No. 39/01. The aforementioned appeal was filed before the District Judge, Dhanbad against the order passed by revenue officer in a suit filed under Section 87 of the Chotanagpur Tenancy Act, 1908. Section 87 lays down the provision regarding institution of suit before the revenue officer. Section 87 reads as under : 'Institution of suits before Revenue Officers. - -(1) In proceedings under this Chapter a suit may be instituted before a Revenue Officer, at any time within three months from the date of the certificate of the final publication of the record -of -right under Sub -section (2) of Section 83 for the decision of any dispute regarding any entry which a Revenue Officer has made in, or any omission which he has made from, on record, [except an entry of a fair rent settled under the provisions of Section 85 before final publication of the record -of -rights] whether such dispute be - - (a) between landlord and tenant, or (b) between landlords of the same or of neighbouring estate, or (c) between tenant and tenant, or (d) as to whether the relationship of landlord and tenant exists, or (e) as to whether land held rent -free is properly so held, or [(ee) as to any question relating to the title in land or to any interest in land as between the parties to the suit, or] (f) as to any other matter, and the Revenue Officer shall hear and decide the dispute : Provided that the Revenue Officer may, subject to such rules as may be made in this behalf under Section 264, transfer any particular case or class of cases to a competent civil Court for trial : Provided also that in any suit under this section the Revenue Officer shall not try any issue which has been, or is already, directly and substantially in issue between the same parties or between parlies under whom they or any of them claim in proceedings for the settlement of rent under this Chapter, where such issue has been tried and decided, or is already, being tried, by a Revenue Officer under Section 86 in proceedings instituted after the final publication of the record -of -rights. (2) An appeal shall lie, in the prescribed manner and to the prescribed officer from decisions passed under Sub -section (1) [and a second appeal to the High Court shall lie from any decision on appeal of such officer as if such decision were an appellate -decree passed by the Judicial Commissioner under Chapter XVI]. From bare reading of Sub -section (2), it is clear that against the order passed by the revenue officer in a suit an appeal shall lie and also the second appeal will lie to the High Court from the judgment and order passed by the Judicial Commissioner. The office has given a note that since the Additional District Judge simply passed an order, second appeal is not maintainable. The officer not of the stamp reporter is wholly misconceived. District Judge has disposed of the appeal by passing a reasoned judgment. Hence, the second appeal filed by the appellant is maintainable.
(3.) LET this appeal be placed for admission.;