( 1 ) BY this petition under Article 133 (1) (a) of the Constitution the petitioner prays for a certificate to appeal to the Supreme Court against our decision in F. A. No. 54 of 1953. The respondent, has raised a preliminary objection that the petition is not maintainable because our decision is neither a judgment, nor a decree nor a final order. It has accordingly become necessary to set out facts in some detail.

( 2 ) PURSUANT to a General Improvement and Street Scheme, called the Raipurwa Scheme, framed by the Kanpur Improvement Trust the respondents house with its compound was acquired. Feeling dissatisfied with the award of the Land Acquisition Officer the respondent applied for a reference to the Tribunal. By its order dated November 22, 1957 the Tribunal enhanced the amount of compensation payable to him. He was still not satisfied and preferred an appeal to this court. We have further increased the amount of compensation. The Tribunal awarded a total amount of Rs. 118429-8, while we have awarded a total amount of Rs. 213360/ -.

( 3 ) THE Raipurwa Scheme was notified under Section 42 of the U. P. Town Improvement Act, 1919 on August 29, 1936. But before a compensation award could be given by the Land acquisition Officer, the 1919 Act was in its application to Kanpur repealed by a new Act, called; the Kanpur Urban Area Development Act (VI of 1945), which came into force on August 11, 1945. The repeal- ing Act further repealed the U. P. Town Improvement (Appeals) Act, 1920 in its application to Kanpur. Clause (a) of Section 4 of the repealing Act dissolved the Kanpur improvement Trust: Clause (d) thereof provided that for the purpose of completing the execution of any scheme sanctioned under the repealed Act the functions of the dissolved Trust shall be discharged by the Kanpur Development Board, a body corporate created under the repealing Act.

( 4 ) SUB-SECTION (2) of Section 108 of the repealing Act also dissolved the Tribunal erected under section 57 of the repealed Act, and Sub-section (1) thereof, in its stead, created a new Tribunal. The reference made at the instance of the respondent was decided by the new Tribunal, and his appeal against the order of the Tribunal was entertained and decided under Section 119 of the repealing Act. Accordingly the question whether our appellate decision is a judgment, decree or final order, will have to be determined on the basis of the provisions of the repealing Act.

( 5 ) WE shall now notice such provisions of the repealing Act as appear to us to have a bearing on the question. Section 109 provides, inter alia, that the Tribunal shall perform the functions of the court with reference to the acquisition of land for the Board under the Land Acquisition Act, 1894. Section 110 deals with the composition of the Tribunal. It shall consist of a Chairman and two assessors. The Chairman is a Judicial Officer of standing and experience, but no qualifications are prescribed for the assessors. Section 116 provides that, if there is any disagreement between the Chairman and assessors On an issue of fact, the opinion of the majority shall prevail; if, however, the disagreement is on a question of law or procedure, the assessors shall be bound by the opinion of the Chairman. Section 115 applies to the proceedings before the Tribunal, the provisions of the C. P. C. , evidence Act and any other Act for the time being in force, in so far as they are not inconsistent with the provisions of the Act. Section 114 declares that the award of the Tribunal shall be deemed to be the award of the Court under the Land Acquisition Act. Section 118 lays down that an order of the Tribunal for payment of money shall be enforced on application, by the Court of Small Causes, Kanpur, as if it were a decree of that court. Sea. 154 declares that the Tribunal shall be deemed to be a civil court for the purposes of Schedule 1 of the Court-fees Act, 1870. Section 117 declares that subject to the provision