- (1.) HEARD Sri R. P. Tiwari, learned counsel for the, appli cant, at length and in detail.
(2.) SMT. Tijiya, the applicant, invokes the jurisdiction of this court under Section 115 of the Code of Civil Procedure, 1908, hereinafter called the Code, for setting aside the order, dated 10th February, 1989 passed by the Addl. District Judge, Jhansi in Misc. Case No. 122 of 1988 between Tijiya and Bhaggu and another arising out of proceedings under the Land Acquisition Act, 1894, hereinafter called the Act. In lieu of acquisition of plots No. 237 and 243 situate in village Koti Kanchanpur, tahsil and district Jhansi, under the Act, Bhaggu and Bhaiya Lal, the opposite parties, were awarded compensation of Rs. 7314 and 7640 respectively by the award, dated 18th April, 1987. After the award was given Smt. Tijiya, the applicant, put forth claim for compensation on the ground that she, being the owner of the acquired land, was entitled to com pensation and not Bhaggu and Bhaiya Lal, the opposite parties. It is not disputed that before the award was given the applicant had not participated in the acquisition proceedings in any manner. Treating the claim of the applicant to be a dispute regarding apportionment of amount of com pensation, the Land Acquisition Officer referred the matter to court under Section 30 of the Act. The court has, by means of the impugned order, affirmed the award of the Land Acquisition, Officer, dated 18th April, 1987. The Stamp Reporter of this court has, vide report, dated 16th May, 1989, expressed the view that instant revision is incompetent. The view of the Stamp Reporter is contested. The question, in the forefont, that calls for determination, therefore, is whether the revision is maintainable.
(3.) IT is elementary that the revisional power under Section 115 of the Code can be invoked only where no appeal lies against the impugned order, and this leads to investigation whether the impugned order passed by the court in proceedings under Section 30 of the Act is appealable. Section 54 of the Act provides for appeals in proceedings before the court. It reads thus: "subject to the provisions of the Code of Civil Procedure, 1908 (5 of 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 the Supreme Court subject to the provisions contained in Section 110 of the Code of Civil Procedure, 1908, and in Order XLV thereof. " A bare perusal of Section 54 of the Act leaves no room for doubt that an appeal lies to the High Court against the award or any part of the award rendered by the court under the Act.;