1950 Supreme(Pat) 31

PATNA HIGH COURT
Sinha and Narayan JJ.
Raghuraj Prasad Singh
Versus
Basudeo Singh
Appeal From Appellate Decree No. 156 of 1947 ; 164 of 1947 ;
Decided On : FEBRUARY 09, 1950

The order of a Commissioner remanding a case for fixing fresh rates in a rent commutation proceeding is ultra vires and without jurisdiction, as the order of the Collector in appeal is final and cannot be questioned, modified or reversed by the Commissioner or the Board of Revenue.

Headnote:

RENT COMMUTATION - JURISDICTION OF COMMISSIONER - ORDER OF REMAND - ULTRA VIRES - ESTOPPEL - LACK OF JURISDICTION - WAIVER - JURISDICTION OF COURT - INHERENT POWER TO REVISE OR ALTER OWN ORDER - IRREGULARITY AND INHERENT LACK OF JURISDICTION.

Fact of the Case:

The plaintiff had originally claimed the value of produce rent for the years 1350 and 1351 but as during the pendency of the suits the produce rent was commuted into cash rent, the plaintiff sought an amendment of the plaint and claimed cash rent; for the years 1348 to 1351. The prayer was allowed and the jama of Rs. 9-3.6 per acre as fixed by the Bent Commutation Officer on 20th September 939 was inserted in the plaint by an order of the learned Munsif dated 19th April 1945. An appeal having been preferred against the order of the Rent Commutation Officer fixing at RS. 9-3-6 per acre, the order of the Rent Commutation Officer was confirmed by the Collector on 4th January 1941. Against the order of the Collector the tenants as well as the landlord filed revision applications before the Commissioner, and the Commissioner remanded the oases with the direction that fresh rates should be fixed after a local inspection. After remand, the Rent Commutation Officer by an order dated 6th January 1944 reduced the rates as originally fixed, and a revised schedule was accordingly prepared. The claim having been made on the basis of Schedule 1 the defendants pleaded that the plaintiff was not entitled to a higher jama than the one fixed by the Commutation Officer after remand. The learned Munsif overruled this contention and decreed the plaintiffs claim at the jama as originally fixed by the Rent Commutation Officer. On appeal the learned Subordinate Judge dismissed the claim for 1348 as time-barred and decreed the claim for the remaining years at the reduced rate which had been entered in Schedule 2.

Finding of the Court:

The order of remand made by the Commissioner and all the subsequent proceedings in consequence of the order of remand were without jurisdiction and ultra vires. There can be no estoppel against a statute and the doctrine of approbate and reprobate which applies only to the conduct of the parties is not applicable in this case, the conduct of the parties being immaterial when there is complete lack of jurisdiction.

Issues: 1. Whether the Commissioner had jurisdiction to interfere with the decision of the Collector in appeal? 2. Whether the plaintiff-landlord's consent to the interference by the Commissioner estopped him from challenging the Commissioner's jurisdiction? 3. Whether the Rent Commutation Officer was justified in preparing another schedule containing different rates after the Commissioner's order of remand?

Ratio Decidendi: 1. The order of the Commissioner remanding the cases for fixing fresh rates is ultra vires, inasmuch as according to the statute the order of the Collector is final in all such matters, and neither the Commissioner nor the Board of Revenue has jurisdiction to question, modify or reverse that order. 2. The plaintiff-landlord's consent to the interference by the Commissioner did not estop him from challenging the Commissioner's jurisdiction, as there can be no estoppel against a statute and the doctrine of approbate and reprobate does not apply when there is complete lack of jurisdiction. 3. The Rent Commutation Officer was not justified in preparing another schedule containing different rates after the Commissioner's order of remand, as the Commissioner's order was without jurisdiction and ultra vires.

Final Decision: The appeals are allowed in part and the suits are decreed in part for the rents of the years 1349 to 1351 at the rates originally fixed by the Rent Commutation Officer and indicated in the first commutation schedule, with cess and interest and corresponding costs throughout and future interest at 6 per cent. per annum.