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Ranchhodbhai Valavbhai Vs. the Collector of Kaira - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in2Ind.Cas.492
AppellantRanchhodbhai Valavbhai
RespondentThe Collector of Kaira
Excerpt:
bombay civil courts act (xiv of 1869), section 16 - compensation awarded by collector under the land acquisition act--collector's award upheld by assistant judge--compensation claimed not exceeding rs. 5,000--course of appeal--appeal lira to the district court and not to the high court. - 1. following the ruling in laxmi horn tatya v. aba bin appaji 10 bom. l.r. 924 : 32 b. 634 the reasoning of which applies to the facts of the present case, we must hold that no appeal lies to this court from the order of the assistant judge, but that the appeal lies to the district court. we, therefore, return the appeal for presentation to the district court.2. the respondent must have his costs of this appeal.
Judgment:

1. Following the ruling in Laxmi horn Tatya v. Aba bin Appaji 10 Bom. L.R. 924 : 32 B. 634 the reasoning of which applies to the facts of the present case, we must hold that no appeal lies to this Court from the order of the Assistant Judge, but that the appeal lies to the District Court. We, therefore, return the appeal for presentation to the District Court.

2. The respondent must have his costs of this appeal.


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