' This is a revision under section 4 of Board of Revenue Act against the order of Additional Commissioner, Hyderabad, who has rejected the appeal of the petitioner on the ground that the impugned order passed by the Additional Collector under Tenancy Act, being final, the Additional Commissioner had no powers under the Land Revenue Act to hear appeal.
2. The learned Additional Commissioner has, however, incidentally observed in the impugned order that despite the fact that the order of the Additional Collector is final, it is only the Board of Revenue who can call any case on suo motu side. It is because of this observation of the Additional Commissioner that the petitioner has come in revision before this Court.
3. At the outset I may mention that Tenancy Act is independent of the Land Revenue Act or Board of Revenue Act so much so that the powers of appeal and revision are provided under that Act and the order of the Collector under that Act is final. Therefore, neither the Additional Commissioner nor the Board of Revenue has powers to call any case or hear the matters decided under the Tenancy Act. The Advocate for the petitioner has, however, raised point of law that under the Tenancy Act it is the Collector who has got powers of revision and not the Additional Collector. Therefore, the order passed by the Additional Collector under the Tenancy Act is without jurisdiction. The Board of Revenue, being the highest Revenue authority, can adjudicate on that point of law as to whether Additional Collector has powers of Collector under the Tenancy Act as it is a legal point and the case has been referred to Board of Revenue, it will be appropriate if decision is given on that point of law.
4. In Sind it is only Hyderabad District where there is Additional Collector of the rank and position of Collector and appointed as Additional Collector under section 9 of the Land Revenue Act. This being the position, the Government of Sind vide their order dated 28th October 1953, allocated different subjects between Collector and Additional Collector. The powers of deciding revisions under Tenancy Act have been given to the Additional Collector vide that order. Section 7 of the Land Revenue Act defines classes of Revenue Officers. In the commentary to section 7 it has clearly been mentioned that it is one of the functions of the Collector to adjudge between Landlords and tenants. Therefore, adjudging between landlord and tenants becomes one of the functions of the Collector under the Land Revenue Act. Thus these powers of adjudging between landlords and tenant under the Tenancy Act can be decided by the Collector or Additional Collector because Additional Collector has all the powers of Collector for the subjects assigned to him. The legal position being such, Additional Collector is fully empowered to hear revisions as Collector under the Tenancy Act. It is because of this position that the Additional Collector, Hyderabad, by virtue of the allocation made by the Government in 1953 has been exercising these powers under the Tenancy Act and these powers have never been challenged during the last 23 years. This disposes of the objection of the Advocate that the Additional Collector has no powers to hear revision under the Tenancy Act.