- (1.) THIS is an application under Article 133 of the Constitution of India read with sections 109 and 110 and Order 45 of the Code of Civil Procedure. This application is directed against our judgment passed in Letters Patent Appeals Nos. 20 and 29 of 1966. These appeals were directed against the decision of a learned Single judge of this Court. That decision was set aside by us in an appeal under Clause 10 of the Letters Patent,
(2.) THE contention of the learned counsel for the applicant is that he is entitled to leave under Article 133 of the Constitution of India as of right because our judgment reversed the judgment of the learned Single Judge and the value of the subject-matter in dispute is more than Rs. 20,000/- both at the time of the institution of the suit as well as of the application for leave to appeal to the supreme Court
(3.) THE learned counsel for the respondent has contested the application on the ground that the test of valuation is not Satisfied He has brought to our notice that the applicant is merely a lessee of the land that has been acquired. The land belongs to Mst. Safidan. There is no indication on the record as to what is the nature of the leasehold rights that vest in the applicant It is stated in the affidavit that the value of the land is Rs. 29,000/-, at the rate of Rs. 4/- per square yard. This rate has been taken from the award of the Collector while fixing the compensation for the remaining land that was acquired for the respondent;