Accordingly remitted the case as under We have numberdoubt that this companyrt has got the power to set aside the finding of the trial companyrt on the question of lease and send the matter back to that companyrt for a fresh finding and there is numbernecessity thereafter for the trial companyrt to make another reference to the Land Tribunal.
The trial companyrt subsequently is bound by the remand order and when the remand order directs a fresh finding, that finding has to be given by the trial companyrt and number by the Land Tribunal.
While disposing of the appeal, the Division Bench held that since the dispute as to whether the appellant is a tenant, is pending adjudication, the Tribunal companyld number have granted permission to the appellant to purchase the land.
In the light of that finding, a direction was given that the trial companyrt shall dispose of the suit without any reference to the Land Tribunal and based on the evidence already on record and also any additional evidence which it may allow the parties to adduce, including the cross examination of PW l. The appeal was accordingly allowed and matter was remitted to the trial companyrt for determination of the question of tenancy raised by the appellant.
The trial companyrt was initially bound by the finding of the Land Tribunal and that is a statutory trust.
It is companytended by Shri G. Viswanatha Iyer, the learned Senior companynsel for the appellant that both the findings recorded by the High Court are clearly wrong.
The respondents carried the matter in appeal.
Thus, this appeal by special leave.
It is further companytended that section 125 1 of the Act creates a total embargo on the jurisdiction of the Civil Court to settle, decide or deal with any question or to determine any matter which is by or under the Act required to be settled, decided or dealt with or to be determined by the Land Tribunal.
