Judgement

S. R. DAS, CJI. - This is an application for special leave to appear from the judgment passed on February 10, 1955 by the High Court of Andhra. The suit out of which this application arises was instituted on April 22, 1949 in the sub-court of Bapatla, which was then within the jurisdiction of the Madras High Court. The judgment of the trial court was passed on November 14, 1950 dismissing the suit. The plaintiff appealed. On October 1, 1953 the Andhra State was formed and a new High Court was established under S. 28 of the Andhra State Act, 1953 (Act XXX of 1953), and apparently the appeal stood transferred to the High Court of Andhra under the provision of S. 38 of the same Act. On March 4, 1955 the High Court of Andhra accepted the appeal, reversed the decree of the trial court and decreed the suit. The application for leave to appeal to this Court was dismissed on the ground, inter alia, that the value of the property was only Rs. 11,400 and did not come up to the amount of Rs. 20,000. In this application the petitioner contends that the judgment being one of reversal and the value being above Rs. 10,000, he was entitled as a matter of right, to come up to this Court on