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1976 DIGILAW 214 (KAR)

K. MALKOJI RAO, KAPATHAPPA v. ASST COMMR AND LAND ACQUISITION OFFICER, BELLARY

1976-12-10

GOVINDA BHAT

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( 1 ) THIS revision petition by the claimant in whose favour the Civil Judge, bellary, has passed an Award and Decree, is directed against the Order of the District Judge, Bellary, holding that he has jurisdiction to entertain the appeal. ( 2 ) THE claimant did not accept the award made by the Land Acquisition officer and, therefore, the LAO made a reference to the Civil Court. The learned Civil Judge passed an award for payment of compensation valuing the land acquired measuring 5 acres 8 cents at Rs. 4,000 an acre, on which the claimant is entitled to the solatium of 15 per cent. The total amount awarded as compensation by the learned Civil Judge exceeds Rs. 20,000. The claim made by the claimant is lor compensation valuing the land at rs. 4,000 an acre, which has been fully allowed by the learned Civil Judge. The LAO had awarded compensation valuing the land at Rs. 1,350 an acre. The enhancement in excess of what had been awarded by the LAO, was challenged before the Dist Court. The learned Dist Judge took the view that the enhancement made by the learned Civil Judge, which is less than Rs. 20,000, determines the forum for appeal, although the claim of the claimant in the reference under S. 18 of the Land Acquisition Act is mere than Rs. 20,000, and the amount of compensation awarded by the learned Civil Judge also exceeds Rs. 20,000. ( 3 ) THE view taken by the learned Dist Judge is clearly unsupportable. Sub-sec (1) of S. 54 of the Land Acquisition Act states :" Subject to the provisions of the CPC, 1908 applicable to appeals from original decrees, an appeal shall lie from the award, or from any part of the award, of the Court in any proceedings under this Act to the Court authorised to hear appeals from the decisions of that court. " ( 4 ) THE Court which passed the award is the Court of the Civil Judge. One has to look to the Karnataka Civil Courts Act, 1964. to ascertain the Court competent to hear appeals from the decision of the Court of the Civil judge. S. 19 of the Civil Courts Act, which is the relevant section, reads :"19. " ( 4 ) THE Court which passed the award is the Court of the Civil Judge. One has to look to the Karnataka Civil Courts Act, 1964. to ascertain the Court competent to hear appeals from the decision of the Court of the Civil judge. S. 19 of the Civil Courts Act, which is the relevant section, reads :"19. Appeals from Civil Judge.-Appeals from the decrees and orders passed by a Civil Judge in oiiginal suits and proceedings of a civil nature, shall, when such appeals are allowed by law, lie,- (1) to the Dist Court, when the amount or value of the subject- matter of the original suit or proceeding is less than twenty thousand rupees : (2) to the High Court, in other cases. " ( 5 ) ON a perusal of the above provision, it if c'ear that an appeal lies to the dist Court from a decree passed by the Civil Judge when the amount or value of the subject-matter of the orig'nal suit or proceeding is less than rs 20000. and that where the amount or value of the subject-matter of the original suit or proceeding exceeds Rs 20,000, an appeal lies to the high Court. What determines the forum of appeal is not the amount In dispute but the amount or value of tha subject-matter of the poceedings before the Civil Judge's Court. Where the claimant does not accept the award of the LAO, the determination of the compensation for the land acquired has to be made by the Court of the Civil Judge, on a reference made by the LAO. The amount claimed by the claimant is the value of the subject-matter in a Land Acquisition reference. If such amount exceeds Rs. 20,000, then an appeal lies to the High Court and not to the dist Court, notwithstanding the fact that he enhancement decreed by the Court of the Civil Judge, is less than Rs. 20,000. ( 6 ) FOR the reasons stated above, I allow this revision petition, reverse the order of the Court below and hold that the appeal does not lie to the court of the Dist Judge. The Dist Judge, Bellary, is directed to return the appeal of the LAO for presentation to the proper Court. The petitioner is entitled to his costs. Ordered accordingly. --- *** --- .S