Akbar Khan and ors. Vs. Sheoratan and ors. - Court Judgment

Excerpt:

.....of school tribunal whether a school run by cantonment board is not a recognised school within the meaning of section 2(21)? - held, the act is enacted to regulate recruitments and conditions of employees in certain private schools and provisions of the act shall apply to all private schools in the state whether receiving any grant-in-aid from the state government or not. private school is defined in section 2(2) of the act as a recognised school established or administered by a management other than the government or a local authority. recognised means recognised by director, the divisional board or state board. thus as far as the first part of the definition of being recognised is concerned, it includes, as stated above, four directors, the divisional boards and four state boards. the second part of this definition which comes after the comma refers to any officer authorised by director or by any of such boards. the question to be examined is whether school run by the cantonment board could be said to be one run by any such boards. a private school has to be recognised by the state or the divisional board or by any officer authorised in that behalf. when this phrase..........zamindar to cesses and collections, although not avowed and sanctioned, nor taken into account in fixing the government jama at the time of settlement, notwithstanding that until so avowed and sanctioned they cannot be collected by the zamindar, and there is nothing in the terms of section 66 of act xix of 1873 to a contrary effect. the plaintiff's claim the right and the cess on the old custom, and this question of custom, which has not been distinctly determined, must be tried by the lower appellate court.2. we remand the case for this purpose under section 354 of act viii of 1859, and allow.seven days for filing objections to the finding.3. the judge's finding on remand having been in favour of the plaintiff's right and confirmatory of the alleged custom, the high court decreed the appeal in the following judgment:we accept the finding of the lower appellate court, to which no objections have been preferred, and reverse the decree of the lower appellate court and restore that of the court of first instance and decree this appeal with costs.

Judgment:

ORDER

1. It has been held by this Court H.C.R. N.W.P. 1870 p. 425, that a Civil Court is not precluded by the terms of Regulation VIII of 1822, Section 9, Clause i, from enquiring into and declaring' a right on the part of the zamindar to cesses and collections, although not avowed and sanctioned, nor taken into account in fixing the Government jama at the time of settlement, notwithstanding that until so avowed and sanctioned they cannot be collected by the zamindar, and there is nothing in the terms of Section 66 of Act XIX of 1873 to a contrary effect. The plaintiff's claim the right and the cess on the old custom, and this question of custom, which has not been distinctly determined, must be tried by the Lower Appellate Court.

2. We remand the case for this purpose under Section 354 of Act VIII of 1859, and allow.seven days for filing objections to the finding.

3. The Judge's finding on remand having been in favour of the plaintiff's right and confirmatory of the alleged custom, the High Court decreed the appeal in the following judgment:

We accept the finding of the Lower Appellate Court, to which no objections have been preferred, and reverse the decree of the Lower Appellate Court and restore that of the Court of first instance and decree this appeal with costs.