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Asa Singh Vs. the State of Haryana and ors. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtPunjab and Haryana High Court
Decided On
Case NumberSupreme Court Appln. No. 212 of 1971
Judge
Reported inAIR1972P& H284
ActsConstitution of India - Article 133
AppellantAsa Singh
RespondentThe State of Haryana and ors.
Cases ReferredRamric Lal Saha v. Sachindra Narayan Roy
Excerpt:
.....to note that section 100-a introduced by 2002 amendment of the code starts with a non obstante clause. the purpose of such clause is to give the enacting part of an overriding effect in the case of a conflict with laws mentioned with the non obstante clause. the legislative intention is thus very clear that the law enacted shall have full operation and there would be no impediment. it is well settled that the definition of judgment in section 2(9) of c.p.c., is much wider and more liberal, intermediary or interlocutory judgment fall in the category of orders referred to clause (a) to (w) of order 43, rule 1 and also such other orders which poses the characteristic and trapping of finality and may adversely affect a valuable right of a party or decide an important aspect of a trial in..........clause (a) and not clause (b) which applies to a case of this type. a division bench of the calcutta high court has held in ramric lal saha v. sachindra narayan roy, air 1968 cal 316, that in a suit for eviction of a tenant by his landlord, the subject-matter in dispute is the tenancy and the value is different from that of the property involved. it was pointed out in that case that the market value of the property may be more than rs.20,000/- but the market value of the tenancy interest cannot be the same and in the absence of any material to show that the tenancy interest itself is worth more than rs.20,000/- a certificate under clause (1)(a) of article 133 of the constitution cannot be granted. we are in respectful agreement with the dictum of the calcutta high court. this.....
Judgment:
ORDER

1. The orders of the revenue authorities resting with the final decision of the Financial Commissioner, Revenue Haryana, directing and upholding the ejectment of the petitioner from the land in dispute was impugned before us in C. W. 934 of 1971. After hearing counsel for the petitioner we dismissed the writ petition in limine on March 17, 1971. The present application has been filed by the writ petitioner for a certificate under Art. 133(1) of the Constitution. The application has been pressed solely on the basis of valuation. Though a mention has been made in paragraph 7 of the application about the case being fit for appeal to the Supreme Court, the application has rightly not been pressed on that ground. The only ground on which Mr. Bindra has pressed the application is that of valuation. In paragraphs 4 and 5 of the application, the valuation has been worked out to be more than Rupees 20,000/- on the basis of the market value of the land in dispute. No valuation of the tenancy rights of the petitioner has been disclosed in the application or in its accompanying affidavit. Mr. Bindra has urged that in a judgment, decree or final order relating to ejectment of a tenant, the claim or question indirectly involved relates to the property from which ejectment is sought and, therefore the petitioner is entitled to a certificate under sub-clause (b) of clause (1) of the Art. 133 as our decision indirectly relates to the property itself in respect of which the claim or question involved was of ejectment. He concedes that there is no material before us on the basis of which it could be held that the valuation of the tenancy rights itself is not less than Rs.20,000/-. In Chittarmal v. Shah Pannalal Chandulal, AIR 1965 SC 1440, it has been authoritatively held that it is clause (a) and not clause (b) which applies to a case of this type. A Division Bench of the Calcutta High Court has held in Ramric Lal Saha v. Sachindra Narayan Roy, AIR 1968 Cal 316, that in a suit for eviction of a tenant by his landlord, the subject-matter in dispute is the tenancy and the value is different from that of the property involved. It was pointed out in that case that the market value of the property may be more than Rs.20,000/- but the market value of the tenancy interest cannot be the same and in the absence of any material to show that the tenancy interest itself is worth more than Rs.20,000/- a certificate under clause (1)(a) of Article 133 of the Constitution cannot be granted. We are in respectful agreement with the dictum of the Calcutta High Court. This application, therefore, fails and is dismissed though without any order as to costs.

2. Petition dismissed.


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