3
[29. Appeal to High Court.— (1) An appeal shall lie to the High Court against the decision of the
Court of the District Judge upon a reference tried by it.
(2) No appeal under this section shall be admitted unless it is made within thirty days from the date of
the decision against which it is preferred.
(3) An appeal preferred under this section shall be deemed to be an appeal from an order within the
meaning of section 108 of the Code of Civil Procedure, 1908 (5 of 1908).]
4
[30. Appeal to Officer Commanding the District.— The owner of any tenant of a house in respect
of which a notice has been issued under section 7 may, within a period of 5
[ten days] from the date of the
service thereof, appeal to the Officer Commanding the District against the decision of the Officer
Commanding the station to appropriate the house.]
31. Petition of appeal.— (1) Every petition of appeal under section 30 shall be in writing and
accompanied by a copy of the notice appealed against.
(2) Any such petition may be presented to the 1
[Officer Commanding the station], and that officer shall
be bound to forward it to the authority empowered by section 30 to hear the appeal, and may attach thereto
any report which he may desire to make in explanation of the notice appealed against.
(3) If any such petition is presented direct to the Officer Commending the District and an immediate
order on the petition is not necessary, the Officer Commanding the District may refer the petition to the
1
[Officer Commanding the station] for report.
32. Order in appeal final.— 6
[(1)] The decision on any such appeal of the Officer Commanding the
District 7*** shall be final, and shall not be questioned in any court otherwise than on the ground that the
house is situate in a cantonment, or part of a cantonment, in which this Act is not operative:
1. Subs. by Act 10 of 1925, s. 6, for “Commanding Officer of the Cantonment”
2. Subs. by Act 9 of 1930, s. 10, for the Chapter IV consisting of sections 19 to 28.
3. Subs. by s. 11, ibid., for section 29
4. Subs. by s. 12, ibid., for section 30.
5. Subs. by Act 22 of 1933, s. 4, for “twenty-one days”
6. Section 32 renumbered as sub-section (1) of that section by s. 5, ibid
7. The words “or of the General Officer Commanding-in-Chief, the Command, as the case may be,” omitted by Act 9 of 1930, s. 13
10
Provided that no appeal shall be decided until the appellant has been heard or has had a reasonable
opportunity of being heard in person or through a legal practitioner 1
[and in giving a decision the Officer
Commanding the District shall record briefly the grounds therefor].
2
[(2) Notice of the result of the appeal shall be given to the appellant as soon as may be, and, where the
appellant is a tenant of the house, to the owner of the house also.]
33. Suspension of action pending appeal.— Where an appeal has been presented under section 30
within the period prescribed 3
[therein], all action on the notice shall, on the application of the appellant, be
held in abeyance pending the decision of the appeal.