M JASWANTMALL SOWCAR Vs. COLLECTOR OF MADRAS

JUDGEMENT

(1.) This is an application for leave to appeal to the Federal Court against our valuation of the petitioner's property under the Land Acquisition Act.

(2.) Since the value of the subject-matter of the proposed appeal to the Federal Court is less than Rs. 10,000, the learned advocate for the petitioner bases his application on an important point or principle which he contends that we applied in fixing the value of the property and argues that this is a fit case for the issue of a certificate to appeal to the Federal Court under Section 109(c) of the Civil Procedure Code.

(3.) Section 54 of the Land Acquisition Act gave a right of appeal to the Privy Council under certain circumstances. The flatter part of that section says, an appeal shall lie to His Majesty in Council subject to the provisions contained in section no, Civil Procedure Code. 1908, and in Order 45, thereof. Section no of the Civil Procedure Code has reference only to Clauses (a) and (b) of Section 109 and not to Clause (c). The absence of any mention of Section 109, Civil Procedure Code, in Section 54 of the Land Acquisition Act shows that the Legislature did not intend to give a right of appeal to His Majesty in Council against an order of the High Court unless it fell under Clauses (a) and (b) of Section 109, which are dealt with in Section 110.