JUGDMENT - CHITRE J.G., J.:---The respondent has been served but none present. The matter pertains to the year 1988. Hence, it is heard and decided treating the respondent ex parte.

2. The suit property is a building known as "Ganga Niwas" standing on Cadestral Survey No. 1284. Fort Division and bearing Bombay Municipal Corporation No. A Ward 2087 situated on the junction of Modi Street and Manohardas Street at H.S.C. No. 12/14, Modi Street, Fort, Bombay. The suit property was purchased by Chandradeo Gangaprasad Varma, the husband of the petitioner. During his life time, his father Gangaprasad Ramdhan Varma was alive. Chandradeo died on 15-4-1969 and much thereafter Gangaprasad died on 29-4-1982. The respondent is one of the sons of the said Gangaprasad. As the entire suit property was purchased by Chandradeo out of his earnings, he had kept it in his own name. To give respect to the father, name of Gangaprasad was also kept on record. All the taxes and other things were being by the said Chandradeo and after him by the petitioner, as averred by her.

3. After the death of Chandradeo, the petitioner applied to the Superintendent of Land Records to get the record corrected under the Land Revenue Code. The Superintendent of Land Records corrected the record and entered the name of the petitioner by order dated 11-12-1986.

4. The respondent filed an appeal to the Collector of Bombay. The Collector did not admit the appeal by holding that the order of the Superintendent of Land Records was under section 287 of the Land Revenue Code and, therefore, appeal lies to the Maharashtra Revenue Tribunal. The appeal before the Collector was dismissed by order dated 16-4-1987.

5. The respondent then filed Appeal No. I.N.W. No. 3915 of 1987 to the Maharashtra Revenue Tribunal, Bombay and the learned President passed an order dated 29-4-1987 dismissing the application by holding that the Tribunal did not have the jurisdiction to entertain the appeal. The said order is dated 29-4-1987. While passing the said order, the learned President specifically mentioned therein that the appeal was not covered under section 274 of the Land Revenue Code and was covered under section 247, Schedule (E) of the said Code. Nearly two months after the said order, the respondent filed a review application dated 16-6-1987 seeking review of the earlier order of the revenue Tribunal.

6. The learned Incharge President of the Revenue Tribunal reviewed the previous order dated 29-4-1987 and admitted the said application for final hearing and that order is being assailed by this writ petition.

7. Shri Rege, Counsel appearing for the petitioner placed reliance on the provisions of section 247 of the Maharashtra Land Revenue Code, 1966 (hereinafter referred to as "the Land Revenue Code" for convenience) which reads:-

"247(1) In the absence of any express provisions of this Code, or of any law for the time being in force to the contrary, an appeal shall lie from any decision or order passed by a revenue or survey officer specified in a Column 1 of the Schedule E under this Code or any other law for the time being in force to the officer specified in Column 2 of that Schedule whether or not such decision of order may itself have been passed on appeal from the decision of order of the officer specified in Column 1 of the said Schedule :

Provided that, in no case the number of appeals shall exceed two.

(2) When on account of promotion or change of designation, an appeal against any decision or order lies under this section to the same officer who has passed the decision or order appealed against, the appeal shall lie to such other officer competent to decide the appeal to whom it may be transferred under the provisions of this Code."

8. Referring to the provisions of section 247 of the Land Revenue Code, Shri Rege made reference to paragraph Nos. 3 and 5 of the judgment which has been passed by Incharge President who dealt with review application baring No. I.N.W. 4969 of 1987-Rev. C. 1

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