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Judgment
R.S. Shukla, Member
This order will govern Appeal No. 115/I-A-7/56 and Appeal No. 252/I-A-10/56. In both these appeals the legal issue involved is identical, namely, ''''whether the Board''s remand order dated 29-10-54 (in Appeal No. 9-I-A-7/52) and dated 17-11-54 (in Appeal No. 469/1-A-10/52) directing the lower Court to settle home-farm land between the ex-proprietor and ex-Gaontia in accordance with the principle laid down in the Division Bench decision of the Board in Phulbai v. Rani Mankuwari Devi 1954 N L J 194 was binding on the lower Court irrespective of the decision of the High Court in Ghassukhans case."
The above question was referred for opinion of the Division Bench which answered the issue in affirmative, viz., that the Board''s remand orders dated 29-10-54 and 17-11-54 are binding on the lower Court irrespective of the later decision of the High Court in Ghassukhan''s case.
In view of the above decision of the Division Bench, which is binding on me, it is directed that the order of the lower Court in both the appeal''s is set aside and the cases are remanded for further action in accordance with the remand orders of the Board referred earlier (viz. dated 29-10-54 and 17-11-54).
A copy of this order shall be placed with the record of each case.