Broader definition of decree under tenancy law includes orders finally ending revenue proceedings, enabling second appeal.

Under the Agra Tenancy Act, an order returning a plaint for presentation to the proper court could be treated as a decree if it finally disposed of the suit so far as the revenue court was concerned, even without deciding the parties' substantive rights. Applying that broader definition, the impugned order was regarded as a decree because it terminated the revenue proceedings. The appeal was therefore maintainable as a second appeal under the provision allowing a second appeal from every decree of a District Judge, subject to the appellant making good the court-fee deficiency.

---

---

Issues: Whether an order returning a plaint for presentation to the proper court amounted to a decree under the Agra Tenancy Act, and whether the appeal lay to the High Court as a second appeal.

Analysis: The definition of "decree" in the Agra Tenancy Act was treated as broader than the definition in the Code of Civil Procedure. An order could amount to a decree if it finally disposed of the suit so far as the revenue court was concerned, even though it did not adjudicate the parties' rights on merits. Since the order in question finally terminated the proceedings in the revenue court, it fell within that definition. On that basis, the appeal was treated as a second appeal under the provision giving the High Court a right of second appeal from every decree of a District Judge.

Conclusion: The order was held to be a decree under the Agra Tenancy Act, and the appeal was maintainable as a second appeal in the High Court.

Final Conclusion: The appeal was entertained on the footing that the impugned order was a decree, but the appellant was directed to make good the court-fee deficiency.

Ratio Decidendi: Under the Agra Tenancy Act, an order is a decree if it finally disposes of the suit in the revenue court, even though it does not decide the substantive rights of the parties.

---