The filing of an appeal is not a thing "which the landlord is under this Act required or authorized to do." The filing of an appeal is, no more than the institution of a suit for rent, a thing required or authorized by the Act.

Lakshmikanta Jha, C. J.

1. This is an appeal under the Letters Patent by deft.1 from the judgment of Shearer, J. It arises out of a suit for recovery of cash rent for the years 1350 to 1353 Fasli. The rent was claimed at the rate of Rs.229/1.00 per year. The courts below decreed the suit and on second appeal to this Court the decrees of the courts below have been affirmed.

2. The facts relevant to the point for decision are as follows: Originally the defts. were bhaoli tenants and the rent was payable wholly in kind. They applied for commutation of rent under Sec.40, Bihar Tenancy Act, and Rent Commutation officer fixed the rent at Rs.179/5/-. In the rent commutation proceedings all the landlords were impleaded and the order was passed in the presence of the 16 annas landlords. Only the plffs. who are 6 annas co-sharer landlords, appealed against the order of the Rent Commutation officer to the Collector under Sec.40, Clause (6), Bihar Tenancy Act, without impleading the remaining 10 annas co-sharer landlords in the appeal. The Collector set aside the order of the Rent Commutation Officer and fixed the rent at Rs.229/1.00 by his order dated 7-2-1945. While the appeal was pending before the Collector, the tenants who are the defts, in the present suit, applied for reduction of the rent fixed by the Rent Commutation officer under Sec.112a (1) (c), Bihar Tenancy Act, and the rent was reduced from Rs.179/5 to Rs.168/1/9. In the present suit the plff. claimed rent at the rate of Rs.229/1- as fixed by the Collector. The defts. resisted the suit on the ground that the rent having been reduced in a proceeding under Sec.112a (1) (c), Bihar Tenancy Act, the plffs. were not entitled to claim rent at the rate fixed by the Collector. The plffs. on the other hand, alleged that the order passed by the Rent Reduction Officer in the proceeding under Sec.112a (1) (c) was ineffective because the foundation of his order was the order of the Rent Commutation officer which had been reversed by the Collector on appeal. They asserted that they were entitled to claim the rent at the rate fixed by the Collector. The courts below, as well as Shearer, J. , accepted the plffs. contention and the suit was accordingly decreed at the rate of rent fixed by the Collector.

3. The point for our consideration is whether the order passed by the Collector fixing rent at Rs.229/1/ is with or without jurisdiction, the defts. appeal must fail.

4. The argument of Mr. Bose, on behalf of the appellant, is that - the order of the Collector is without jurisdiction because there was violation of the statutory provision of Sec.188, Bihar Tenancy Act, inasmuch as the 10 annas landlords were admittedly not impleaded as parties before the Collector. In my opinion, this argument is not sustainable. The Collector had jurisdiction to entertain the appeal under Sec.40, Clause (6), Bihar Tenancy Act, even in the absence of the 10 annas co-sharer landlords, and his order cannot be characterized as one passed by him without jurisdiction.

"jurisdiction may be defined as the power and authority conferred on a Court to pronounce the sentence of the law or to award the remedies provided by law upon a state of facts, proved or admitted, referred to the Court for decision and authorised by law to be the subject of investigation or action by that Court, and in favour of, or against, persons who present themselves, or who are brought before the Court in some manner sanctioned by law as proper and sufficient. " (See Black on jurisdiction, sec. 215 ). In ramranbijaya Prasad Singh V. Ramkawal, 26 Patna 748 at p.754) it was held "by jurisdiction is meant the authority which a court has to decide matters that are litigated before it or to take cognizance of matters presented in a formal way for its decision".

5. Section 40, Clause (1), Bihar Tenancy Act, provides: "where an occupancy-raiyat pays for his holding rent in kind. . . . either the raiyat or his landlord may apply to have the ren