AHMEDBHOY HABIBBHOY Vs. WAMAN DHONDU

JUDGEMENT

(1.) In this case an award was made under the Land Acquisition Act which did not exceed Rs. 5000. The reference to the Court was in accordance with the provisions of the Bombay Civil Courts Act to the Assistant Judge, and he tried the reference. Under the same Act an appeal lay to the District Judge as the amount or value of the subject-matter did not exceed Rs. 5,000, and he heard the appeal. That was analogous to an appeal from an original decree.

(2.) An appeal is now preferred from the decision of the District Judge to the High Court, and the question is whether such appeal lies, An appeal lies only if it is expressly given by the Act. It does not lie merely by analogy to appeals in civil suits : see Rangoon Botatoung Co. v. The Collector, Rangoon,(1912) L.R. 39 I.A. 197 : 14 Bom L.R. 833.

(3.) Now an appeal lies to the High Court in proceedings under the Land Acquisition Act under the conditions specified in Section 54 of that Act. That section says:" Subject to the provisions of the Code of Civil Procedure applicable to appeals from original decrees, an appeal shall lie to the High Court from the award, or from any part of the award, of the Court in any proceedings under this Act." The section is there obviously dealing with appeals from original decrees, and impliedly it recognizes that there may be cases in which the appeal from the original decree will not lie to the High Court.