Gangaram and ors. Vs. Ramcharan - Court Judgment

P.C. Agrawal, J.

1. This is a second appeal by the defendants under Section 100 of the Code of Civil Procedure. Facts essential for decision are that Ramcharan, the respondent on 3-9-97 filed a civil suit for possession of 5 acres of land out of Khasra No. 362 area 10.28 acres situated at Village Andhiyari, Tehsil Gairat-ganj under Section 6 of the Specific Relief Act, 1963 (to be called as'Act' only). This civil suit was contested by the appellants and was dismissed by the Trial Court. The respondent filed First Appeal No. 3-A/99 before ADJ, Begumganj, District Raisen who allowed the appeal and decreed that the appellants shall deliver possession of the suit land to the respondent.

2. On second appeal being filed, following substantial question of law was framed by this Court:

(i) Whether in view of Section 6(3) of the Specific Relief Act, first appeal was legally maintainable ?

3. Section 6(3) of the Act reads as follows:--

'No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed.'

4. Plain reading of the provision makes it clear that neither any appeal nor any review against the order passed in a case under Section 6 of the Act does lie. The learned First Appellate Court was clearly wrong in entertainingthe first appeal. Obviously, the first appeal was not maintainable. The respondent being unsuccessful in Trial Court should have filed a regular civil suit in accordance with the provisions of the Code of Civil Procedure. First appeal being not maintainable, decision of the First Appellate Court cannot be supported or confirmed. The same is liable to be set aside.

5. Hence, the second appeal is allowed with costs. Judgment and decree granted by the First Appellate Court is hereby set aside. Judgment and decree given by the Trial Court is restored. Advocate's fee as per schedule.

6. Second Appeal allowed.