SOHANI, J. : - On a reference made by ' a learned single Judge of this Court (Vijayvargiya, J.), the following question has been referred to this Full Bench :-

"Whether the restrictions placed on the powers to the Second Appellate Courts under Section 36 of the M. B. Land Revenue and Tenancy Act, apply only to second appeals filed before the Board of Revenue and not to second appeals filed before the Commissioner and the Settlement Commissioner under Section 36 (1) and (2) thereof ?"

2. The facts giving rise to the aforesaid question, briefly, are as follows :-

In a petition under Articles 226 and 227 of the Constitution, directed against the order of the Board of Revenue passed on 16-2-1978, it was urged on behalf of the petitioners that the Board had erred in holding that the Revenue Commissioner hearing a second appeal had no jurisdiction to interfere with the finding of fact. On behalf of the petitioner reliance was placed on a decision of a Division Bench of this Court in Prabhudayal v. State (1964 RN 262). The learned single Judge, who heard the petition, was of the opinion that the restrictions on the powers of the second appellate Court provided by Section 36 of the