BHUPENDRA NARAYAN SINGH Vs. NURPUT SINGH

JUDGEMENT

(1.) This is an. application for a certificate that these; are fit cases for appeal to the Judicial Committee of the Privy Council; they are numbered Nos. 9 to 26 of 1922. The appellant is Raja Bhupendra Narain Singh Bahadur and the respondent is Nurput Single They were second appeals, that is to say, appeals to this Court from the decision of the lower Appellate Court and were disposed of by my learned brothers Greaves and Ghose, JJ., in one judgment.

(2.) It is admitted by the learned Vakil for the appellant that the subject-matter of the appeals, when taken together, will not be of sufficient value to justify us in granting a certificate having regard to the terms of the first clause of Section 110 of the C.P.C.

(3.) The grounds,, upon which the application was argund, are the 8 and 9 of the petition which are as follows: 8. For that your petitioner begs to submit further that the decision of this Hon ble Court will affect indirectly a large number of resumed choukidari chakran lands within his estate and your petitioner will lose at least an annual income of about Rs. 5,000 (details of which will be submitted later on) if the decision of this Hon ble Court is permitted to stand and that the several suits aforesaid may be consolidated and the decrees involve question or claim to or respecting property of over Rs. 10,000 in amount of value. 9. That your petitioner further craves leave to state that the decision involves not merely a question of individual or private importance but a question of wide public importance and will affect the property and income of many zemindars in Bengal, benefited or benefiting by the resumption of choukidari chakran lands by the Collector under Act VI of 1870 and as such, even if the appeals do not satisfy the statutory value, may be certified as otherwise a fit case, for leave to appeal to His Majesty in Council under Section 109, Clause (c) of the C.P.C.