Appeals

41 (1) Against any decision of the Tribunal under sub-section (3) of section 12 and sections 33 to 40, the Government may, within six months from the date of the decision, and any person aggrieved by such decision may within three months from the date of such decision, appeal to the Special Appellate Tribunal consisting to of two Judges of the High Court nominated from time to time by the Chief Justice in this behalf. Provided that the Special Appellate Tribunal may, in its discretion allow further time not exceeding three months for the filing of such appeal. (2) The members of the Special Appellate Tribunal shall hear the appeal on all points, whether of law or of fact. Where on any such point or points the members are divided in their opinion, they shall state the point or points together with their opinions thereon shall then be laid before one or more Judges nominated for the purposes by the Chief Justice and such Judge or Judges shall hear the appeal in so far as it relates to such point or points and on each such point, the decision of the majority of the Judges who have heard the appeal including these who first heard it shall be deemed to be the decision of the Special Appellate Tribunal. (3) The Special Appellate Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure 1908 when hearing an appeal. (4) The decision of the Special Appellate Tribunal subject to such decision, the decision of the Tribunal shall be final. (5) Every decision of the Special Appellate Tribunal and subject to such decision, every decision of the Tribunal shall be binding on all persons claiming an interest in any janmam estate notwithstanding that any Such person has not preferred any application or filed any statement or adduced any evidence or appeared or participated in any proceeding before the Tribunal or the Special Appellate Tribunal, as the case may be.