An appeal shall not lie from any decree or order passed, whether in the first instance, or on appeal, in any suit instituted by a landlord for the recovery of rent, together with interest under Section 56 or damages under Section 57, where-(a)the decree or order is passed by a District Judge, or Additional Judge or Subordinate Judge, and the total amount claimed in the suit does not exceed on hundred rupees ;(b)the decree or order is passed by any other judicial officer specially empowered by the Local Government to exercise final jurisdiction under this section, and the total amount claimed in the suit does not exceed fifty rupees, unless in either case the decree or order has decided a question relating to the title to land, or to some interest in land, or a question of a right to enhance or vary the rent of a tenant, or a question of the amount of rent annually payable by a tenant, including a question as to relating to the suspension or abatement of rent or a question as to relationship of landlord and tenant when such question has been raised and decided :Provided that the District Judge may call for the record of any case in which a judicial officer a aforesaid has passed a decree or order to which this section applies, if it appears that the judicial officer has exercised a jurisdiction not vested or has in him by law, or failed to exercise a jurisdiction so vested, or has acted in the exercise of his jurisdiction illegally or with material irregularity, and may pass such order as the District Judge thinks fit.Explanation.-A question as to the regularity of the proceedings in publishing or conducting a sale in execution of a decree for arrears of rent, is not a question relating to title to land or to some interest in land.
