G.C. BARDOLOI Vs. COLLECTOR OF KAMRUP

JUDGEMENT

(1.) THIS is a petition for leave to appeal to the Supreme Court of India from an appellate decree of this Court, dated 19 -3 -51, under Ss. 109 and 110 of the Code of Civil Procedure read with Art. 133 of the Constitution of India. The appeal has been valued at Rs. 1,43,248/ -.

(2.) THE decree of this Court was passed in an appeal under S. 19(f) of the Defence of India Act, 1939. The appeal was directed against an award given by Mr. Bivar, District Judge, Assam Valley Districts, by which he found that a sum of Rs. 6,788/ - was payable to the petitioner on account of compensation for 3 acres of tea land which had been requisitioned for the Military in October, 1942, and for injurious affection of another 10 acres of tea land contiguous to the area actually requisitioned. The claim for compensation with respect to another area of 26 acres was disallowed. Mr. Bivar found that only 13 acres, out of 39 acres, had tea bushes on them. We agreed with this finding. As regards the 10 acres over which there were tea bushes, compensation was allowed to the petitioner by Mr. Bivar. In the view of this Court, no compensation could have been allowed for any injurious affection so far as this area was concerned, as it was due to causes not directly connected with the act of requisition, but was a consequence of avoidable conduct on the part of the claimant. No enhancement of compensation was therefore, decreed, though the compensation allowed by Mr. Bivar had to remain as there was no appeal or cross -objection from the Government of Assam challenging this part of the award.

(3.) THE case is covered by Cl. (a) of S. 109, Civil P.C. The petitioner wants to appeal from a decree passed on appeal by this Court. It would also be covered by Art. 133 of the Constitution which permits an appeal from any judgment, decree, or final order if other conditions are satisfied. Section 110, Civil P.C., requires that in such a case the amount or the value of the subject -matter of the suit in the Court of first instance must be ten thousand rupees or upwards, and the amount or value of the subject -matter in dispute on appeal to His Majesty in Council must be the same sum or upwards. Article 133 of the Constitution is exactly to the same effect on this point excepting that it substitutes 'twenty thousand' in place of 'ten thousand' in S. 110, Civil P.C. So far as the valuation of the subject -matter is concerned, even the requirements of Art. 133 of the Constitution are satisfied. The two items of claim which form a part of the subject -matter of the suit and also form part of the subject -matter in dispute on appeal to the Supreme Court, exceed rupees twenty thousand in value. The case, therefore, fulfils the requirements of S. 110, Civil P.C. and Art. 133 of the Constitution of India so far as value goes.