- (1.) This is an appeal against an order made by the Tribunal under sub-s. (2) of S. 18 of the Displaced Persons (Debts Adjustment) Act, 1951, (LXX of 1951 and hereinafter to be referred as the Act.)
(2.) A preliminary objection is raised on behalf of the respondent that the appeal is not competent. Section 18(2) of the Act reads: "Where a loss has been incurred in respect of any property in the circumstances specified in sub-section (1), the Tribunal shall, in every proceeding where it is necessary to do so, determine respectively the amount of the loss, the amount for which the property was insured on the date of such loss, and the amount, if any, paid by the insurance Company, and shall make a report thereof to such board or other authority as may be prescribed, and the prescribed board or other authority shall, after taking into account such matters as may be prescribed as being relevant thereto, and subject to any rules made in this behalf, in turn propose to the Tribunal the amount for which the claim against the insurance Company shall be decreed and the Tribunal shall pass a decree accordingly." Section 40 of the Act lays down the provision regarding appeals and says: "Save as otherwise provided in S. 41, an appeal shall lie from-- (a) any final decree or order of the Tribunal, or (b) any order made in the course of execution of any decree or order of the Tribunal, which if passed in the course of execution of a decree or order of a civil Court would be appealable under the code of Civil Procedure, 1908 (Act V of 1908) to the High Court within the limits of whose jurisdiction the Tribunal is situate." According to S. 41, where the subject-matter of the appeal relates to the amount of a debt and such amount on appeal is less than rupees five thousand, no appeal would be competent.
(3.) The application in the present case was presented by a displaced person under S. 18 of the Act for recovery of Rs. 36,000/- in respect of the loss of the insured goods. The Tribunal after going into the points raised by the parties arrived at the conclusion (I) the insured goods of the value of Rs. 33,724/8/ were lost in riots, (ii) that the goods were insured for Rs. 36,000/- on the date of the loss and (iii) that the insurance company had not paid any amount to the claimant. The Tribunal accordingly submitted a report to the Board constituted by the Central Government saying that the petitioner was entitled to a decree for Rs. 33,724/8/- with proportionate costs against the respondent company. It is against this order of the Tribunal dated 8-11-1957, that the present appeal is preferred by the company.;