RAJA VELUGOTI RANGAMANNAR KRISHNA YACHANDRA BAHDUR Vs. R D K SITA DEVI GARU

JUDGEMENT

(1.) This is an application for leave to appeal to the Supreme Court against our judgment given on 3rd February, 1970 in Spl. Tribunal Appeals Nos. 16 and 18 of 1966. Those were appeals filed under section 51 of the Estates Abolition Act before the Special Tribunal, which consisted of two Judges of the High Court. The petition is resisted by the respondent on the ground that no leave can be granted to appeal to the Supreme Court against a judgment given by such a Special Tribunal.

(2.) Sri T. S. Narasinga Rao, the learned Counsel for the petitioner, relied upon Article 133 (1) of the Constitution and contended that since the Special Tribunal consists of Judges of the High Court as nominated by the Chief Justice, it is a judgment of the High Court and therefore Art. 133 (1) of the Constitution applies. It is difficult to accept this contention. Article 133 (1) of the Constitution says that an appeal shall lie to the Supreme Court from any Judgment, decree or final order in a civil proceeding of a High Court in the territory of India. The question therefore, is whether the Judgment which we gave was a judgment given in a civil proceeding of a High Court. It may not perhaps be doubted that the appeal, was a civil proceeding but certainly it was not a civil proceeding of a High Court. That this is so can be clearly seen from the language of section 51 of the Estates Abolition Act. It reads :-

(3.) Even a casual reading of this section would indicate that an appeal would lie only to a Special Tribunal. The fact that the Special Tribunal consists of two Judges of the High Court nominated from time to time by the Chief Justice in that behalf hardly alters the position that an appeal can lie only to a Special Tribunal and not to the High Court. The difference between the Special Tribunal referred to in section 51 of the Estates Abolition Act and the High Court hearing other appeals under the Civil Procedure Code must be kept in view. Sub-section (2) of section 51 of the said Act throws further light on that question. It says in case there is difference of opinion between the two Judges, who constitute the Special Tribunal, the matter has to be referred to a third Judge nominated by the Chief Justice and such a Judge hears and decides the case as a persona designata. Thus the appeal disposed of by a Special Tribunal under section 51 of the Estates Abolition Act cannot be considered as a civil proceeding of a High Court within the meaning of Article 133 (1) of the Constitution. We are fortified in our view by the following two decisions of the* Madras High Court :- (a) Nanja Raja v. Lalitha Ammal, (b) Karuppan Chettiar v. State of Madras.