TMI Blog1955 (10) TMI 30X X X X Extracts X X X X X X X X Extracts X X X X ..... stated above. 'The High Court thereafter granted leave to appeal on 1-10-1951, overruling the objections raised by the plaintiff to the grant of such leave. The maintainability of this appeal has been questioned before us by Mr. Dadachanji, learned counsel for the respondents, in a somewhat lengthy argument. His main contention was that article 133 of the Constitution applies to the case, and as the value is below ₹ 20,000, no appeal can be entertained. It is the correctness of this argument that we have to consider. On the date of the decree of the High Court, the defendants had a vested right of appeal to the Federal Court, as the properties were of the requisite value, and on 6-1-1950 they sought a certificate of leave to appeal, which was bound to be granted. The Constitution establishing the Supreme Court as the final appellate authority for India came into force on 26-1-1950. Did the vested right become extinguished with the abolition of the Federal Court? If the court to which an appeal lies is altogether abolished without any forum substituted in its place for the disposal of pending matters or for the lodgment of appeals, the vested right perishes no doubt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e High Court prior to the Constitution and the High Court after the Constitution as the Provincial High Court and the State High Court. A High Court in the territory of India means a State High Court, and article 133 provides for appeals against any judgment, decree or final order in a civil proceeding of such High Court. Though article 133 does not apply, we have still to see whether it is a matter as regards which jurisdiction and powers were exercisable by the Federal Court immediately before the commencement of the Constitution. It is unnecessary to refer in detail to the earlier enactments defining the jurisdiction of the Privy Council, and the Government of India Act, 1935 establishing the Federal Court and conferring a limited jurisdiction on the same. It is sufficient to point out that as the law then stood, the Federal Court had jurisdiction to entertain and hear appeals from a decree of a High Court which reversed the lower court's decree as regards properties of the value of more than ₹ 10,000. The aggrieved party had a: right to go before it, without any special leave being granted. It was a matter over which jurisdiction was exercisable by the Federal Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the merits, the appeal is unassailable. The family whose genealogical tree is given in the opening portion of the judgment of the trial Judge owned what may be compendiously described as Sangam properties and Peta Velapur Mahal properties, and all of them were of the nature of watan. The Sangam lands were held by the eldest branch represented by Yeshwant Rao (son of Panduranga Rao) by right of lineal primogeniture. When Yeshwant Rao and his widow Tarabai died in November 1924, these properties went to the plaintiff Shankar Rao's branch as the next senior in line. The Peta Velapur Mahal properties were held in three shares by Narsinga Rao, Vithal Rao and Krishna Rao, the fourth brother Shyama Rao having no right as he was insane. Defendants 1, 2 and 3 represent Krishna Rao's branch. After Yeshwant Rao's death, Lakshman Rao, the grandfather of defendants I and 2, filed a suit No. 1064 of 1925 for a declaration that he was the nearest heir to the Sangam properties, the Peta Velapur Mahal properties and the cash income appertaining to the inamdar's right in Sangam. He got a declaratory decree that he was the nearest heir of the deceased Yeshwant Rao, and had a right in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich absolute owner-ship was not transferred to Krishna Rao and that the specified items of Sangam lands were given to him provisionally and conditionally till Krishna Rao obtained possession of the Peta Velapur Mahal lands which were then under a mortgage. We have examined the deed closely and do not find any warrant for the view taken by the learned Judges on appeal. The deed is Exhibit No. 35, and it is printed at page 63 of the Paper Book. The correctness of the translation is admitted. It was executed by Narsinga Rao of the first branch in favour of Krishna Rao of the last branch, predecessor-in-title of defendants 1 to 3. After reciting that Krishna Rao was entitled to a one-third share in the income appertaining to the Deshmuki rent of the family at Peta Velapur Mahal, it proceeds to say, .......... In lieu of the land of that Mahal and in respect of the cash allowance of the Haqdari rights we have given to you for a 1/3 share of land of this Mahal the following lands from the village of Sangam which is continued with us by Vadilki right (the right of primogeniture) . The deed proceeds to set out the items by areas, assessment, and boundaries, and then goes on: ..... X X X X Extracts X X X X X X X X Extracts X X X X
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