DAJI SAHEB Vs. SHANKAR RAO VITHALRAO MANE

JUDGEMENT

(1.) This appeal is from a reversing decree of the Bombay High Court in a suit for the possession of certain immovable properties which was dismissed by the Civil Judge, Senior Division, Sholapur. The value of the properties has been found to be over Rs. 10,000.

(2.) The original decree was on 20-12-1946. The decree was of the High Court allowing the plaintiff's claim was on 8-11-1949. The defendants applied for leave to appeal to the Federal Court on 6-1-1950. The High Court directed the trial court to find the value of the property which was the subject matter of the suit at the time of the suit and On the date of the passing of the decree in appeal. On 22-1-1951 the lower court ascertained the value as stated above. The High Court thereafter granted leave to appeal on 1-10-1951, overruling the objections raised by the plaintiff to the grant of such leave.

(3.) The maintainability of this appeal has been questioned before us by Mr. Dadachanji, learned counsel for the respondents in a somewhat lengthy argument. His main contention was that Art. 133 of the Constitution applied to the case, and as the value is below Rs. 20,000 no appeal can be entertained. It is correctness of this argument that we have to consider.