A preliminary point is raised by the learned counsel for the respondent that no revision can be entertained by this Court against the order of the arbitrator appointed under section 19(2) of the Defence of India Act on the ground that the arbitrator is appointed to act merely as a persona designata and therefore not as a Court subordinate to the High Court within the meaning of section 115 of the Civil Procedure Code. In reply to this it is argued by the learned counsel for the petitioner that the arbitrator in this case is chosen to act not in his private capacity but in his capacity as a District Judge and therefore a Court coming within the purview of section 115, Civil Procedure Code.

In order to understand this preliminary objection it is necessary to set out a few material facts. Certain lands in the village of Palavanthangal, Chingleput district, belonging to the petitioner were acquired by the Government under the provisions of the Defence of India Act and the Requisitioned Land (Continuance of Powers) Act, 1947. As the claimants were not agreeable to accept the amount of compensation offered by the Collector, Sri P.N. Ramaswami, I.C.S., who happened to be the Dist