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1953 Supreme(Nagpur) 17

SINHA, HIDAYATULLAH
BHAGWANTRAO SHIWAJI – Appellant
Versus
VISWASRAO AMRITRAO – Respondent


Advocates Appeared:
D T Mangalmurti, P S Pultamkar, V L Prabhune, Advocates

JUDGMENT

Hidayatullah, J—This is an application for leave to appeal to the Supreme Court from our judgment in Second Appeal No. 169 of 1947 by which we reversed the judgment and decree of the First Additional District Judge, Amravati, and restored that of the Court of Civil Judge, Class-I, Achalpur.

2. The applicant contends that he is entitled to appeal as of right under Clause (a) of Section 109, Code of Civil Procedure inasmuch as the value of the property at the date of the suit was Rs. 10,000/- and is now more than Rs. 20,000/- and the judgment reverses the judgment and decree of the Court below. The applicant, in the alternative, asks for a special certificate under Article 133(c) of the Constitution because, as he says, the case involves a question of great public or private importance.

3. On behalf of non-applicant 1 the value of the property is challenged and is stated to be Rs. 6,900/- only. It may be pointed out that in the Courts below the valuation was not based on the market value of the property but on the land revenue assessed.

4. A preliminary objection is taken by the non-applicant on the ground that the judgment sought to be appealed against was delivered on 27-11-19













































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