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Issues: Whether the restrictions in Section 36 of the M. B. Land Revenue and Tenancy Act, 1950 governing second appeals apply only to appeals before the Board of Revenue or also to second appeals before the Commissioner and the Settlement Commissioner.
Analysis: The provision was construed in the light of the Hindi text, which was the original and authoritative version under the State language framework, with the English translation treated as an authoritative English text only. The Court held that the Hindi version left no ambiguity that the restrictions on second appellate jurisdiction were intended to govern all second appeals under Section 36, regardless of the forum. The earlier decision taking a narrower view was treated as based on an unexamined assumption and not controlling, and the doctrine of stare decisis was held not to preclude correction of that interpretation.
Conclusion: The restrictions under Section 36 apply not only to second appeals before the Board of Revenue but also to second appeals before the Commissioner and the Settlement Commissioner.