A. SEETARAM REDDY, J.

( 1 ) THE question that falls for consideration in this case is whether it would be competent for the Tribunal to adjudicate upon a point sought to be raised for the first time on remand though the remand order did not pertain to the same, nor the point was agitated on the first round. The relevant facts in brief are: The revisionist herein on a declaration filed, claimed certain reliefs, Aggrieved by some, he preferred an appeal and not satisfied with the appellate order, went in revision. In the revision certain points were argued and the revisional Court remanded the matter to the primary Tribunal. It is at that stage for the first time the question was raised with regard to the classification of S. Nos. 271, 274, 275 and 278 of Dharmavaram village contending that they have been wrongly classified as wet lands instead of dry. Though the primary Tribunal rejected to entertain both on merits as well as on the ground that on remand it was not competent for the revisionist to agitate for the first time, but the Appellate Tribunal on the contrary held that though as per the decided cases of this Court the lands which are localised as irrigable dry and no water ha

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