ARJUNLAL Vs. HIRALAL

JUDGEMENT

(1.) THIS is an application by Arjun Lal under Article 133 (1) of the Constitution of India for a certificate under clauses (a) and (b) of that Article. Learned counsel urges that the amount or value of the subject-matter of the dispute in the court of first instance and still in dispute on appeal was and is not less than Rs. 20,000/-, or that, in any case, the judgment, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value.

(2.) THE suit, in this case, was filed by the petitioner for partition of his one-third share in a certain house in Civil Court at Udaipur. This suit was dismissed by the trial court. THEre was an appeal, which was also dismissed, and then there was a second appeal to the Mahadraj Sabha, which was equivalent to a High Court in the former State of Mewar, which was also dismissed. THEreafter, on account of some peculiar circumstances, which were prevalent in the State of Mewar in those days, the case came up again for hearing before the High Court of Udaipur, Which was established on the 1st of October, 1940, When the United State of Rajasthan was formed in 1949, and this Court was created, the appeal, which was pending in the High Court of Udaipur, was transferred to this Court. It was heard by Division Bench, and was dismissed, thus confirming the decision of the three courts below.