GURAPPA Vs. RENUKADAS AND

JUDGEMENT

(1.) To pronounce on the question of law debated before us, it is necessary to State the relevant facts. The suit which has given rise to this appeal was instituted on 5-11-1950. The matter was taken up in second appeal to the Hon'ble High Court of Hyderabad in S.A. 334/1951-52. It went up before a Division Bench consisting of Qamar Hasan and Manohar Pershad, JJ. The question that had to be considered by the Bench was one of fact. The learned Judges differed in their conclusions as to the correct conclusions to be arrived at and therefore referred the matter to a third Judge, but before the matter could be decided by the third Judge the States Reorganisation Act came into force and the area from which this litigation arose came within the jurisdiction of this High Court. Consequently the appeal was transferred to the file of this Court.

(2.) When the appeal was taken up for hearing by my learned brother Iqbal Hussian. J., the learned counsel for respondent contended that as the two Judge constituting the Bench had differed in their conclusion on a question of fact the judgment of the first appellate fu stood affirmed under section 98 of the Civil Procedure Code. In other words it was contended that the appeal is governed by section 98 of the Civil Procedure Code and not by section 8 of the Hyderabad High Court Act. As this contention raised an important question of law, the matter was referred to a Division Bench. We have heard Sri V. Krishnamurthy, the learned counsel for appellant, and Sri Appa Rao for the respondent on this point.

(3.) In our judgment the question under consideration is governed by section 8 of the Hyderabad High Court Act. As mentioned already, the two learned Judges have differed in their conclusion as to the correct conclusion to be arrived at on the facts of the case. Section 8 of the Hyderabad High Court Act says: