# COLLECTOR OF VARANASI v. GAURI SHANKAR MISRA & ORS

- **Citation:** [1968] 1 S.C.R. 372
- **Court:** Supreme Court of India
- **Decided:** 1967-08-29
- **Case number:** Civil Appeal No. 1040 of 1965
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/collector-of-varanasi-v-gauri-shankar-misra-ors-4142
- **Pages:** 9

## Headnote

COLLECTOR OF VARANASI
v.
GAURI SHANKAR MISRA & ORS.
August 29, 1967
(K. N.
WANCHOO, C.J., R.
S.
BACHAWAT,
V.
RAMASWAMI,
G. K. MITTER AND K. S. HEDGE, JJ.J
Constitution of India, Art. 136-High Court-Whether can function in a capacity other than that of a 'Court'-therefore whether
special leave can be granted.
Defence of India Act, 1939, s. 19(1)(f)-Appeal to High Court
against award of arbitrator-Whether High Court persona desig.
nata and also functions as arbitrator or 'court'.
The Government acquired about 500 acres of land from the
respondents under the Defence of India Act, 1939, and a settlement
was reached in respect of the compmsation to be paid for all except
about 48 acres of the land. The question of the compensation payable for the remaining land was referred to arbitration under s.
19(1)(b) of the Act to be determinecL in accordance with s. ·19(1)(e)
which entitled the respondents to compensation at the market value
of the land. The arlitrator considered various sale deeds produced
before him but rejected these and fixed the compensation by capitalising the annual profits from the lands. In an appeal against his
award by the respondents under s. 19(1)(f) of the Act, the High
Court differed from the Arbitrator and enhanced the compensation
payable by fixing it on the basis of a sale deed ex)libited before the
arbitrator.
In appeal to the Supreme Court by special leave given to the
appellant Collector, it was contended on behalf of the respondents
by way of a prelimir.ary objection that no· special leave could have
been granted by the Court under Art. 136 as the judgment appealed
against was neither that of a court nor of a tritunal; the High Court
while acting under s. 19(1)(f) was a persona designata and not a
court or a tribunal; proceedings before the arbitrator appointed by
the Central Government under s. 19(!)(b) were arbitration proceedings leading to an award made by him, when the matter was taken
up in appeal to the High Court, the appeal proceedings did not
cease to be arbitration proceedings and their
original character
continued so that the decision made by the High Court should also
be considered as an award and the High Court considered as having
functioned as an arbitrator.
Held: (i) While acting under s. 19(1)(0, the High Court functions as a 'court' and not as a designated person. [378E]
Hanskumar Kishanchand v. Union of India, [1959] S.C.R. 1177,
.disapproved.
The High Court of a State is at the apex of a State's judicial
system. It is a court of record and it is difficult to think o~ a High
Court as anything other than a 'court'. No judicial power was ever
entrusted to the High Court except as a 'court' and whenever it decides or determines any dispute that comes befote it, it invariably
does so as a 'court'. That apart, when s. 19(1)(f) specifically says
that an appeal against the order of an arbitrator lies to the High
Court, there was no justification for thinking that the legislature
372
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COLi.EOToli, VAIWIASI v. d. S. MISRA (Hegde, J.)
37:1
said something which it did not mean. Furthermore, neither the
Act, nor the, rules framed thereunder prescribe any special procedure for the disposal of appeals under s. 19(1)(f) and appeals under
that provision have to be disposed of in the same manner as other
appeals to the High Court according to its own rules of practice and
procedure. [375F-G. 377B-C]
Case Jaw referred to.
(ii) On the facts, the High Court was not right in determining
the compensation payatle on the basis of the one sale deed as this
could not be considered a contemporaneous transaction; the decision
of the High Court must therefore be set aside and the case remitted
to that court for disposal accord!ng to Jaw after giving the parties
an opportunity to adduce fresh evidence. [380D-E]

## Text

COLLECTOR OF VARANASI
v.
GAURI SHANKAR MISRA & ORS.
August 29, 1967
(K. N.
WANCHOO, C.J., R.
S.
BACHAWAT,
V.
RAMASWAMI,
G. K. MITTER AND K. S. HEDGE, JJ.J
Constitution of India, Art. 136-High Court-Whether can function in a capacity other than that of a 'Court'-therefore whether
special leave can be granted.
Defence of India Act, 1939, s. 19(1)(f)-Appeal to High Court
against award of arbitrator-Whether High Court persona desig.
nata and also functions as arbitrator or 'court'.
The Government acquired about 500 acres of land from the
respondents under the Defence of India Act, 1939, and a settlement
was reached in respect of the compmsation to be paid for all except
about 48 acres of the land. The question of the compensation payable for the remaining land was referred to arbitration under s.
19(1)(b) of the Act to be determinecL in accordance with s. ·19(1)(e)
which entitled the respondents to compensation at the market value
of the land. The arlitrator considered various sale deeds produced
before him but rejected these and fixed the compensation by capitalising the annual profits from the lands. In an appeal against his
award by the respondents under s. 19(1)(f) of the Act, the High
Court differed from the Arbitrator and enhanced the compensation
payable by fixing it on the basis of a sale deed ex)libited before the
arbitrator.
In appeal to the Supreme Court by special leave given to the
appellant Collector, it was contended on behalf of the respondents
by way of a prelimir.ary objection that no· special leave could have
been granted by the Court under Art. 136 as the judgment appealed
against was neither that of a court nor of a tritunal; the High Court
while acting under s. 19(1)(f) was a persona designata and not a
court or a tribunal; proceedings before the arbitrator appointed by
the Central Government under s. 19(!)(b) were arbitration proceedings leading to an award made by him, when the matter was taken
up in appeal to the High Court, the appeal proceedings did not
cease to be arbitration proceedings and their
original character
continued so that the decision made by the High Court should also
be considered as an award and the High Court considered as having
functioned as an arbitrator.
Held: (i) While acting under s. 19(1)(0, the High Court functions as a 'court' and not as a designated person. [378E]
Hanskumar Kishanchand v. Union of India, [1959] S.C.R. 1177,
.disapproved.
The High Court of a State is at the apex of a State's judicial
system. It is a court of record and it is difficult to think o~ a High
Court as anything other than a 'court'. No judicial power was ever
entrusted to the High Court except as a 'court' and whenever it decides or determines any dispute that comes befote it, it invariably
does so as a 'court'. That apart, when s. 19(1)(f) specifically says
that an appeal against the order of an arbitrator lies to the High
Court, there was no justification for thinking that the legislature
372
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COLi.EOToli, VAIWIASI v. d. S. MISRA (Hegde, J.)
37:1
said something which it did not mean. Furthermore, neither the
Act, nor the, rules framed thereunder prescribe any special procedure for the disposal of appeals under s. 19(1)(f) and appeals under
that provision have to be disposed of in the same manner as other
appeals to the High Court according to its own rules of practice and
procedure. [375F-G. 377B-C]
Case Jaw referred to.
(ii) On the facts, the High Court was not right in determining
the compensation payatle on the basis of the one sale deed as this
could not be considered a contemporaneous transaction; the decision
of the High Court must therefore be set aside and the case remitted
to that court for disposal accord!ng to Jaw after giving the parties
an opportunity to adduce fresh evidence. [380D-E]
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1040 of
1965.
Appeal by special leave from the judgment and order dated
November 11, 1963 of the Allahabad High Court in First Appeal
No. 60 of 1960.
C. B. Agarwala and 0. P. Rana, for the appellant.
J. P. Goyal and Raghunath Singh, for the respondents.
The Judgment of the Court was delivered by
Hegde, J. This appeal by the Collector of Varanasi by special
leave under Art. 136 of the Constitution, is directed against
the decision dated 11-11-1963 of the High Court of Judicature
at Allahabad, in First Appeal No. 60 of 1960 on its file, which in
its turn arose from the award made by Shri S. B. Malik, District
Judge, Varanasi, in certain land acquisition proceedings under
cl. (b) of sub-s. (!) of s. 19 of the Defence of India Act, 1939 (to
be hereinafter referred to as the Act).
Before considering the contentions urged on behalf of the
parties, it is necessary to set out the salient facts. For the purpose
of constructing the Babatpur aerodrome near Varanasi, the Govern·
ment acquired in the year 1946 about 500 acres of land. Compensation in respect of most of the lands acquired was settled by
agreement. But in respect of the lands with which we are concerned
in this appeal, 48.01 acres in extent, no settlement was arrived at.
Therefore, the question of compensation in respect of those lands
was referred to the arbitration of Shri S. B. Malik under cl. !b)
of sub-s. (!)of s. 19 of the Act. In view of s. !9(l)(e), the claimants
were entitled to get as compensation the market value of those
lands as on the date of acquisition. Before the arbitrator as well
as the High Court, the parties were agreed that on the material on
the record, the market value in question had to be fixed either
on the basis of the sale deeds produced by the claimants or bv
capitalising the annual profits accruing from those lands. The
arbitrator rejected the sale deeds produced before him. He adopted
the method of capitalising the annual profits. On the question of
annual profits also he rejected the evidence adduced on behalf of
the claimants. He determined the same on the basis of the revenue
374
SUP.uilB COt1111' llEPOllTS
[1!168] I s.0.11.
records for Fasli 1355 read with the evidence of the Naib Tehsildar, Jawal Prasad. Aggrieved by the decision of the arbitrator, the
claimants went up in appeal to the High Court of Allahabad under
s. 19(l)(f). The High Court differed from the arbitrator as to the
value to be attached to the sale deeds produced. It opined that the
sale deeds produced were reliable and that they evidenced genuine
transactions. The High Court fixed the compensation payable on
the basis of Exh. A 42 dated 3·4-195 l. The arbitrator had fixed
the compensation at Rs. 26,454-12-0. The High Court enhanced
the same to Rs. 90,446-3-0. It is against that decision that the Collector of Varanasi has filed this appeal after obtaining special
leave from this Court under Art. 186.
Shri Goyal, learned counsel for the respondents has raised the
preliminary objection that no special leave could have been granted
by this Court under Art. 136 as the judgment appealed against was
neither that of a court nor of a tribunal. According to him, the
High Court while acting under s. 19(!)(f) wa11 a persona designata
and not a court or a tribunal. His argument on this que1>tion proceeded thus: Sec. 19(l)(b) of the Act empowers the Central Government to appoint as arbitrator a person qualified to be appointed a
judge of the High Court; Shri Malik who possessed the required
qualifications was appointed by the Central Government to act as
an arbitrator; it is true thac Shri Malik was District Judge of
Varanasi at the time of his appointment, but in law it was not
necessary that the person appointed should have been a District
Judge, and much less the District Judge of any particular District;
therefore, Shri Malik acted as a designated person and not as a
court; hence, the award given by him cannot be considered either
as a judgment or as a decree or order; it was merely an award;
when the matter was taken up in appeal to the High Court, the
proceedings did not cease to be arbitration proceedings; its original
character continued even before the High Court; therefore, the
decision made by the High Court should also be considered as an
award and further the High Court in making that award should
be considered as having functioned as an arbitrator. In this case,
it is not necessary to go i11to the question whether the decision of
the High Court is a decree, judgment or final order. Even accord·
ing to Shri Goyal, the decision of the High Court is a 'determination' as contemplated in Art. 136. That position he had to
concede in view of the decision of this Court in Engineering
Mazdoor Sabha and another v. The Hind Cycles Ltd.('). In support
of his contention that the High Court while acting under s. 19
(l)(f) was not functioning as a court, he placed strong reliance
on the decision of this Court in Hanskumar Kishanchand v. Union
of India('). That case dealt with two cross appeals arising from
a decision of the Nagpur High Court under s. 19(1)(f). Those
appeals were brought on the strength of the certificates issued
(1) (1963] Supp. 1 S.C.R. 625(2) (1959] S.C.R. 1177.
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COLLECTOB, VARANASI V. O. 8, MISRA (Hegde, j.)
375
by the High Court on 25th August 1949 under ss. 109
and 110 of the Civil Procedure Code. In those cases it was con·
tended that the appeals were not maintainable for two reasons
viz. (a) the decision appealed against is neither a decree judgment
or final order and (b) the decision in question was not that of a
court. This Court upheld both these contentions. On the second
ground taken, Venkatarama Aiyar, J., who .spoke for the Court.
observed thus:
"Under the law no appeal would ha~.: lain to the High
Court against the decision of such an arbitrator. Thus,
the provision for appeal to the High Court under s. 19
(l)(f) can only be construed as a reference to it as an
authority designated and not as a court."
If the conclusion that the appeal under s. 19(l)(f) is only a refer·
ence to an authority designated and not an appeal to a court is
eorrect then there is no doubt that this Court could not have
granted special leave under Art. 136. Therefore the real question
is whether that decision lays down the law correctly when it
stated that a High Court while acting under s. 19(1)(0 is not
functioning as a court.
There was no dispute that the arbitrator appointed under
s. 19(1)(b) was not a court. The fact that he was the District
Judge, Varanasi, was merely a coincidence. There was no need
to appoint the District Judge of Varanasi or any other District Judge
as an arbitrator under that provision. Sec. 19(l}(f) provides for an
appeal against the order of the arbitrator. The section reads :
"An appeal shall lie to the High Court against an award
of an arbitrator excepting in cases where the amount
thereof does not exceed an amount prescribed in this
behalf by rule made by the Central Government."
It is not in dispute that in the instant case, the amount fixed by
the arbitrator exceeded the amount prescribed by the rules and
therefore the claimants had a right to go up in appeal to the
High Court. We were informed that neither the Act nor the rules
framed thereunder, prescribe any special procedure for the dis·
posal of appeals under s. 19(J)(f). Appeals under that provision
have to be disposed of just in the same manner as other appeals to
the High Court. Obviously after the appeal had reached the High
Court it had to be determined according to the rule of practice
and procedure of that Court. The rule is well settled that when a
statute directs that an appeal shall lie to a court already established, then that appeal must be regulated by the practice and procedure of that court. This rule was stated by Viscount Haldane L. C.
in National Telephone Co., Ltd. v. Postmaster-General(') thus:
"When a question is stated to be referred to an
established Court without more, it, in my opinion, imports
(1) (1913] A.C. 546.
376
SUP!ll!:14E COURT REl'ORTS
(1968Jll S.C.R.
that the ordinary incidents of the procedure of that
Court are to attach, and also that any general right of
appeal from its decision likewise attaches."
1'his statement of the Jaw was accepted as correct by this Court
in National Sewing Thread Co., Ltd., v. James Chadwick and Bros.
Ltd.('). It may be noted that the appeal provided in s. J 9(1)(f) is
an appeal to the High Court and not to any Judge of the High
Court. Broadly speaking, Court is a place where justice is judicially
administered. In Associated Cement Companies Ltd. v. P. N.
Sharma and another(') Gajendragadkar, C.J., speaking for the
majority observed:
"The expression 'court' in the context denotes a
tribunal constituted by the State as a part of the ordinary
hierarchy of courts which are invested with the State's
inherent judicial powers. A sovereign State
discharges
legislative, executive and judicial functions and can legitimately claim corresponding powers which are described
as legislative, executive and judicial powers. Under our
Constitution, the judicial functions and powers of the
State are primarily conferred on the ordinary courts which
have been constituted under its relevant provisions. The
Constitution recognises a hierarchy of courts and to their
adjudication are normally entrusted all disputes between
citizens and citizens as well as between the citizens and
the State. These courts can be described as ordinary courts
of civil judicature. They are governed by their prescribed
rules of procedure and they deal with questions of fuel
and law raised before them by adopting a process which is
described as judicial process. The powers which these
courts exercise., are judicial powers, the functions they discharge are judicial functions and the decisions they reach
and pronounce are judicial decisions."
The hierarchy of courts in this country is an organ of the State
through which its judicial power is primarily exercised.
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The fact that the arbitrator appointed under s. 19(1)(b) is
either a designated person or a tribunal-as to whether he is a
person designated or a tribunal we express no opinion-does not
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in any way bear on the question whether the 'High Court' referred
to under s. 19(1)(f) is a court or not. Our statutes are full of instances where appeals or revisions to courts are provided as
against the decisions of designated persons and tribunals. See for
example, Advocates Act, Trade Marks Act. Reference in this
connection may usefully be made to the decisions in National
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(1) [1953] S.C.R. 1028.
(2) [1965] 2 S.C.R. 366.
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COLLECTOR, VARANASI V.
G. S. llISRA (Hegde, J,)
377
Sewing Thread Co., Ltd. v. James Chadwick and Bros., Ltd.(')
and the Secretary of State for India in Council v. Chelikani Rama
Rao and others(')
Prima facie it appears incongruous to hold that the High
Court is not a 'court'. The High Court of a State is at the apex
of the State's judicial system. It is a court of record. It is difficult to think of a High Court as anything other than a 'court'. We
are unaware of any judicial power having been entrusted to the
High Court except as a 'court'. Whenever it decides or determines
any dispute that comes before it, it invariably does so as a 'court'.
That apart, whens. 19(l)(f) specifically says that an appeal against
the order of an arbitrator lies to the High Court, we see no justification to think that the legislature said something which it did
not mean.
We may now turn our attention to the decision of this Court
in Hanskumar Kishanchand v. Union of India(') on which. as
mentioned earlier, Shri Goyal placed a great deal of reliance in
support of his preliminary objection. The principal question that
arose for decision in that case was whether the decision rendered
by the High Court under s. 19(l)(f) was a judgment, decree or
final order within the meaning of those words lound in s. 109 of
the Code of Civil Procedure. The Court accepted the contention
of the Solicitor General appearing for the respondent, the Union
of India. that it was not a judgment, decree or final order. and that
being so, no certificate under ss. 109 and 110 of the Code of Civil
Procedure to appeal to the Federal Court could have been given
by the High Court. In that case this Court was not called upon to
consider the scope of Art. 136. Therefore. it did not go into the
question whether the decision appealed against could be considered as a determination falling within the scope of Art. 136. In arriving at the conclusion that the decision in question is not a judgment, decree or final order, this Court relied on the decisions in
Rangoon Botatoung Co. v. The Collector, Rangoon('), Special
Officer, Salsette Bul'lding Sites v. Dossabhai Bazan;; Motiwala(').
Manavikraman Tirumalpad v. Collector of Nilgris('), and Secretary
of State for India in Council v. Hindustan Co-opertlfive Insurance
Society Limited('). The effect of those decisions is summed up in
that very judgment at pp. 1186 and 1187, and this is how it is put:
"The law as laid down in the above authorities may
thus be summed up: It is not every decision given by a
Court that could be said to be a judgment, decree or order
within the provisions of the Code of Civil Procedure or
the Letters P,atent. Whether it is so or not will depend on
whether the proceeding in which it was given came before
(1) [1966] S.C.R. 1028.
(2) 43 I.A.. 192.
(3) [1959] S.C.R. 1177
(4) 39 I.A. 197.
(5) 17 C.W.N. 421.
(6) I.L.R. 41 Mad. 943.
(7) 58 IA. 259.
878
BUPBlDIJI COURT Rlll'OBTS
[1968) l 8.0.B.
the Court in its normal civil jurisdiction, or dehors it as
a persona designata. Where the dispute is referred to the
Court for determination by way of arbitration as in
Rangoon Botatoung Company v. Collector, Rangoon
(39 I.A 197), or where it comes by way of appeal against
what is statedly a11 award as in The Special Officer·
Salsette Building Sites v. Dossabhai Bezonji (ILR 37
Born. 506), Manavikraman Tirumalpad v. The Collector
of the Nilgris (ILR 41 Mad. 943), and the Secretary of
State for India in Council v. Hindustan Co-operative In·
surance Society Limited (58 IA 250), then the decision is
not a judgment, decree or order under either the Code of
Civil Procedure or the Letters Patent."
The decisions relied on by this Court merely lay down the proposition that the decision given by the High Court in an appeal
against an award is neither a decree, judgment or final order. None
of the aforementioned decisions lays down the proposition that
the High Court while exercising its appellate power did not function as a 'court'. The observation in this Court's judgment that
the provision for appeal to the High Court under s. 19(l)(f) can
only be construed as reference to it as an authority designated and
not as a court, dqes not receive any support from those decisions.
Nor do we find any sound basis for that conclusion. With respect
to the learned Judges who decided that case, we are unable to
agree with that conclusion. In our judgment, while acting under
s. 19(i)(f), the High Court functions as a 'court' and not as a
designated person. Our conclusion in this regard receives support
from the decision of the Judicial Committee in Secretary of State
for India in Council v. Chelikani Rama Rao(') and others referred
to earlier. Dealing with the ratio. of its decision in Rangoon Botatoung Co. case('), this is what Lord Shaw of Dunfermline observed (at p. 198 of the report):
"It was urged that the case of Rangoon Botatoung
Co. v. The Collector, Rangoon(') enounced a principle
which formed a precedent for excluding all appeal from
the decision of the District Court in such cases as the present. Their Lordships do not think that that is so. In the
Rangoon Case a certain award had been made by the
Collector under the Land Acquisition Act. This award
was affirmed by the Court, which under the Act meant
"a principal civil Court of original jurisdiction." Two
judges sat as 'the Court' and also as the High Court to
which the appeal is given from the award of 'the Court'.
The proceedings were however, from beginning to end
ostensibly and actually arbitration proceedings. In view
of the nature of the question to be tried and the pro-
(1) 43 I.A. 192.
(2) 39 I.A. 197.
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879
visions of the particular statute, it was held that there
was no right 'to carry an award made in an arbitration
as to the value of land' further than to the Courts specifically set up by the statute fot the determination of that
value."
We have already come to the conclusion that the decision
rendered by the High Coutt under s. 19())(f} is a 'determination'.
Hence, it was within the competence of this Coutt to grant spec~al
leave under Art. 136. But then it was utged on behalf of the respondents that in view of r. 2, 0.13 of the Rules of this Court, as
it stood at the relevant point of time, this Court could not have
granted special leave. as the appellant had not applied for necessary certificate under Art. 133 of the Constitution. In suppOit of
this contention, reliance was placed on the decision of this Court
in Management of the Hindustan Commercial Bank Lid., Kanpur
v. Bhagwan Dass('). Under Art. 133, a certificate can be asked for
filing ·an appeal against the judgment, decree or final order of a
High Coutt. As seen earlier, this Court ruled in Hanskumar
Kishanchand v. Union of India(') that the decision rendered by the
High Court under s. I 9(1)(f) is not a decree, judgment or final order.
Hence, the provisions of Art. 133 are not attracted to the present
case. Consequently. this case is taken outside the scope of the
aforementioned r. 2 of Order 13. As a measute of abundant caution, the appellant has filed CMP 2325 of 1967, praying that this
Court may be pleased to excuse him from compliance with the
requirements of 0.13, r. 2. In view Of the decision of this Court in
Hanskumar Kishanchand v. Union of India('), no useful purpose
would have been served' by the appellant's applying for a certificate under Art. 133. Hence, even if we had come to the conclusion that the case falls within the scope of 0.13, r. 2, we would not
have had any hesitation in exempting the appellant from compliance with the requirement of that rule.
This takes us to the merits of the case. The grievance of
the appellant is that the High Court erred in law in awardiiig compensation on the basis of Exh. 42. The sale evidenced by that deed
was ell'ected in the year 1951, nearly five years after the acquisitions with which we are concerned in this case were effected. T,he
sale in question cannot be considered as a
contemporaneous
transaction. The arbitrator has found that after the close of the
second world war. the price of landed property had gone up steeply. This finding does not ap_pear to have been challenged before
the High Coutt. Further, unaer the deed in question, the land sold
was .26 acres in extent. The price fetched by such a tiny bit of
land is of no assistance in determining the value of the lands
acquired. On behalf of the respondents, we were asked . to deternillfe the compensation of the lands acquired on the basis of sale
deed Exh. 35-which relates to a sale that took place on 10-6-1947
(1) [1965] 2 S.C.R. 265.
(2) (1959] S.C.R. 1177.
380
SUPR:IKE COURT REPORTS
[1968] l s.0.11.
which according to the respondents can be considered as a contemA
poraneous sale. We are unable to accept this contention. Exh. 35
relates to the sale of land measuring .28 acres. The vendee under
that deed is one of the claimants. There is no evidence as to the
nature of the land sold· under that deed. Under these circumstances,
very little value can be attached to that document. We are also
of the opinion that none of the sale deeds produced in this case
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can afford any assistance in determining the compensation payable
to. the respondents. They do not evidence sales of lands similar
to the acquired lands. at about the time of the acquisition. The
High Court did not address itself to the oral evidence adduced
in this case for finding out the annual profits for the purpose of
capitalisation. It rejected the evidence of the Naib-Tehsildar. For
reasons not disclosed. the village papers of 1354 fasli were not
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produced by the appellant. On the other hand, the village papers
_of 1355 fasli were produced. In the first place, those records do
not show the rent payable in the year in which the acquisitions
took place. The acquisitions in question were made in fasli 1354.
For the reasons mentioned in its judgment, the High Court felt unable to place reliance on the village papers of fasli 1355. We do not
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think that this Court should scan the evidence afresh for determining the just compensation payable. to the respondents. That question has to be gone into by the fact finding court. All that we
need say is that the High Court was not right in determining the
compensation payable to the respondents on the basis of Exh. 42.
Hence its decision cannot be sustained.
For the reasons mentioned above, we allow this appeal and
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set aside the decision of the High Court and remit the case back
to that Court for disposal according to law. Before deciding the
case afresh the High Court will permit the parties, to adduce additional evidence on the question of compensation; in particular,
they will be allowed to produce and prove contemporaneous sale
deeds and the revenue records relati11g to fasli 1354. Costs of this
appeal shall be costs in the cause.
'J'
R.K.P.S.
Appeal allowed.
..