109. Appeal from order or decision of Revenue Officer.
(1)An appeal shall lie to the District judge, or a Subordinate judge specially empowered by the Local Government in this behalf, from the order or decision of a Revenue Officer under Sections 101 to 107 and the provisions of the Code of Civil Procedure, 1908, relating to appeals shall, as far as may be, apply to all such appeals.(2)Subject to the provisions of Sections 100 to 103, Section 107, Section 108 and Section 144 of, and Order XLII in Schedule 1 to the Code of Civil Procedure, 1908, an appeal shall lie to the High Court against any decision of the lower Appellate Court:Provided that if, in a second appeal, the High Court alters the decision of the lower Appellate Court in respect of any of the particulars with reference to which the rent of any tenancy has been settled, the Court may settle a new rent for such tenancy, but in so doing shall be guided by the rents of the other tenancies of the same class comprised in the same record as ascertained under Section 98 or settled under Section 101, 106 or 107.(3)The Local Government may, on application or if its own motion, in proceedings undertaken within one year from the date of the order of a Revenue Officer settling a fair rent under Section 101, direct the revision of the rent to be settled :Provided that no such direction shall be made until reasonable notice has been given to the parties concerned to appear and be heard in the matter.
