(1.) This appeal asises out of the judgment and decree passed by the learned Subordinate Judge (Land Acquisition Judge) in a reference under Section 36 of the Land Acquisition Act (hereinafter referred to as 'the Act'). The relevant facts for the purpose of disposal of this appeal are that in a land acquisition case a joint award was prepared in the name of the appellant and the respondent. The respondent objected to the award and claimed that he alone is entitled to receive the compensation as he is the exclusive owner of the land acquired* Therefore, at his instance a reference was made under Section 30 of the Act.
(2.) The learned Subordinate Judge exercising the power as the Land Acquisition Judge under the provisions of the Act decided the reference under Section 30 of the Act and held that the respondent was entitled to receive the entire amount of compensation money and a decree was passed accordingly. Against the aforesaid adjudication the present appeal has been preferred before this Court in which the stamp reporter has raised objection that the appeal is not maintainable before this Court as it arises out of a decision passed in reference under Section 30 of the Act and the valuation of the original proceeding as well as the appeal being Rs. 197.60 only it shall lie to the Court of District Judge. Hence, the matter has com up for consideration as to whether this appeal is maintainable before this Court or not.
(3.) Learned counsel appearing on behalf of the appellant in support of the appeal contended that the appeal is maintainable before this Court on the basis of the Full Bench decision of the Kerala High Court in P. D. Devaswom v. U. Pylee, AIR 1970 Kerala 30. I have been taken through the judgment of the Full Bench and I find that in that case it was laid down that an appeal shall lie to the High Court against the decision passed in a reference under Section 30 of the Act irrespective of valuation. According to me, the Kerala decision is entirely distinguishable as it was so held therein because of the provision of Section 12 of the Kerala Civil Courts Act which lays down that if an appeal is allowed by any law from a decree or order of a district court or subordinate judge's court in any proceeding other than a suit, appeal shall lie to the High Court. In Bihar, the law corresponding to Kerala Civil Courts Act is Bengal, Agra and Assam Civil Courts Act, 1887 (Act 12 of 1887), hereinafter referred to as 'the Bihar Civil Courts Act', in which there is no such provision like Section 12 of the Kerala Civil Courts Act. Therefore, the law laid down in the Kerala Full Bench judgment is of no avail to the appellant in deciding the question of maintainability of this appeal.