MADAN GOPAL RUNGTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application for leave to appeal to the Supreme Court, under Article 133 of the Constitution read with Section 109 (a), Civil P. C. The applicant is the defendant in a suit filed by the State for possession of certain manganese mines in Keonjhar District and for recovery of mesne profits, the suit being valued at 41 lakhs of rupees. The applicant is in possession of the mines by virtue of a lease said to have been granted in his favour by the ex-Ruler of Keonjhar State and the lease will expire in another two years. It is alleged by the State that the lease was annulled by a Notification under the Extra Provincial Jurisdiction Act and that the applicant has not been granted any lease by them after the annulment. It is further alleged that the applicant has been causing damage and waste to the mines which could be prevented only by the appointment of Receiver. The learned Subordinate Judge, Keonjhar, before whom the suit is pending directed the appointment of a Receiver by an exhaustive order dated 23-10-1954. This order of the Subordinate Judge was affirmed by our judgment dated 23-111954 in M. A. 67 of 1954, on appeal to this Court. The defendant applies for a certificate from this Court for leave to appeal to the Supreme Court, against our judgment.

(2.) Learned counsel for the applicant contends that he is entitled to a certificate under Article 133 (c) of the Constitution. Article 133 provides that:

(3.) It may be stated at the outset that the provision in Section 109, Civil p. C. is to be read subject to Article 133 of the Constitution, even though that Section deals with the same subject-matter.