JUDGMENT

1. This appeal arises out of an order passed by Mr. Gauri Shankar Varma, Civil Judge of Sultanpur, decided on a reference made to him under Section 31, Clause (2), Land Acquisition Act. There was a dispute between Mt. Dharma respondent, widow of Jamna Prasad and the appellant Mahabir Prasad, nephew of Jamna Prasad about some compensation money. Mt. Dharma claimed the money as the widow of the owner of the land acquired but the appellant stated that Mt. Dharma was a woman of loose character and had therefore lost her right to it. The learned Civil Judge decided in favour of Mt. Dharma and Mahabir Prasad has appealed. The office has reported that the appeal lies to the District Judge and not to this Court as its valuation is only Rs. 18-13-0. This report is challenged by the appellant and the opposite party has been called upon to show cause against the admission of the appeal. The provision as to appeals is contained in Section 54, Land Acquisition Act. That section runs as follows:

Subject to the provisions of the Code of Civil Procedure, 1908, applicable to appeals from original decrees and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this Act to the High Court from the award, or from any part of the award, of the Court and from any decree of the High Court passed on such appeal as aforesaid, an appeal shall lie to His Majesty in Council subject to the provisions contained in Section 110, Civil P.C., 1908, and in Order 45 thereof.

2. The contention of the office is that this appeal is not from any award or part of an award of the Court but from a decree which has not been passed on the basis of an award and therefore the provisions of Section 54 are not applicable and an appeal from a decision of a Civil Judge the valuation of which is less than Rs. 5000 will lie to the District Judge. It is contended on behalf of the appellant that this appeal is from an award of a Court. We have, therefore, to consider whether this appeal is from an award of a Court. "Court" is defined in Section 3, Land Acquisition Act. It means the principal Court of original jurisdiction unless the Local Government has appointed, as it is hereby empowered to do, a special judicial officer within any specified local limits to perform the function of the Court under this Act. The Civil Judges of Fyzabad and Sultanpur were appointed special judicial officers to perform the function of a Court by Notification of the Governor of the United Provinces dated 29th January 1941. Mr. Gauri Shankar Varma is the Civil Judge of Sultanpur and therefore a Court.

3. The other point to be decided is whether his decision is an award. Act 1 of 1894 is divided into eight parts. Part 1 is preliminary, part 2 deals with acquisition, part 3 deals with references to Court and the procedure thereon, part 4 with apportionment of compensation, part 5 with payment and part 8 is miscellaneous. We are not concerned with parts 6 and 7 at all. Under Section 11 which is in part 2, the Collector makes an award of (1) the true area of the land, (2) the compensation which in his opinion should be allowed for the land and (3) the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him. Under Section 18 which is in part 3 any person who has not accepted the award may by written application to the Collector require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested. The Court has to make an inquiry and there will be an award by it. Under Section 26 every award under part 3 shall be in writing signed by the Judge and shall