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Laxmanrao v. Collector Of Nagpur District

Madhya Pradesh High Court
Mar 13, 1944
Smart Summary (Beta)

Structured Summary of the Court's Opinion (Civil Revisions Nos. 495 & 496 of 1941)

Factual and Procedural Background

The applicant is the malik makbuza holder of plots Nos. 301 and 806 (area 21.68 acres, land revenue Rs. 50) in mauza Dhantoli, Nagpur, within the municipal limits. The land was acquired for the Industrial Area Expansion Scheme of the Nagpur Town Improvement Trust. The Land Acquisition Officer awarded Rs. 9,330 as compensation on 26 April 1940. The applicant, dissatisfied with the award, sought a reference under Section 18 of the Land Acquisition Act. Because no Tribunal under the Nagpur Improvement Trust Act had been constituted at that time, the Land Acquisition Officer made a reference to the District Judge, Nagpur, on 28 May 1940. A Tribunal was constituted on 24 July 1940 under Sections 60 and 62 of the Nagpur Improvement Trust Act, and the reference was thereafter heard by that Tribunal.

During Tribunal proceedings the applicant filed two applications:

  • On 2 December 1940 the applicant challenged the acquisition and contended (inter alia) that the acquisition was not for purposes of the Nagpur Improvement Trust Act; that a town expansion scheme under S.35(1) must relate to an area outside municipal limits; that the reference under Section 18 of the Land Acquisition Act should be heard by a Court and not by the Tribunal; that compensation must be determined with reference to Section 23(1) of the Land Acquisition Act and not as amended by cl.10(3)(a) of the schedule to the Nagpur Improvement Trust Act; and that the amended provision was ultra vires Section 299 of the Government of India Act, 1935. Some points were decided by the President of the Tribunal by order dated 11 March 1941 (the subject of Civil Revision No. 495 of 1941).
  • On 18 February 1941 the applicant asked the Tribunal to refer certain points to the High Court under Order XLVI, Rule 1 of the CPC read with Section 53 of the Land Acquisition Act. The President rejected this request by order dated 11 March 1941 as not maintainable (the subject of Civil Revision No. 496 of 1941).

Legal Issues Presented

  1. Whether the Tribunal constituted under the Nagpur Improvement Trust Act is a civil Court subordinate to the High Court for purposes of Section 115 of the Civil Procedure Code (i.e., whether a revision under Section 115 CPC lies to the High Court from an order passed by the President of the Tribunal).
  2. Whether the President of the Tribunal is competent to state and refer a case to the High Court under Order XLVI, Rule 1 of the CPC (read with Section 53 of the Land Acquisition Act) in relation to proceedings arising from a reference under Section 18 of the Land Acquisition Act.

Arguments of the Parties

Applicant's Arguments

  • The acquisition of the applicant's plots was not for carrying out any purpose of the Nagpur Improvement Trust Act and thus invalid.
  • A town expansion scheme under Section 35(1) must relate to an area outside municipal limits and cannot relate to an area within the municipality.
  • The reference under Section 18 of the Land Acquisition Act should be heard by a Court and not by the Tribunal constituted under the Nagpur Improvement Trust Act.
  • Compensation should be determined with reference to Section 23(1) of the Land Acquisition Act, not with reference to the amendment effected by clause 10(3)(a) of the schedule to the Nagpur Improvement Trust Act; the amended provision (cl. 23(3)(a)) is ultra vires the Legislature and contravenes Section 299 of the Government of India Act, 1935.
  • The applicant asked the Tribunal to refer points to the High Court under Order XLVI, Rule 1 CPC read with Section 53 of the Land Acquisition Act, and sought a Full Bench reference on grounds of substantial questions of law and public importance.

Respondent / Government Pleader's Arguments

  • A preliminary objection was raised that no revision application lies under Section 115 CPC against an order passed by the President of the Tribunal because the Tribunal is not a Court subordinate to the High Court.
  • Implicitly, the Government Pleader contended that the statutory scheme of the Nagpur Improvement Trust Act excludes the High Court's ordinary supervisory/revisional powers over the Tribunal.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
54 Bom. 2162 at p. 223 Interpretation of the phrase "deemed to be" and limitation of statutory fictions. Used to support the proposition that the Tribunal is not in reality a Court and that the fiction that it is a Court must be limited to specified purposes.
I.L.R. (1941) Nag. 588 at p. 591 Authority on limiting the effect of statutory fictions ("deemed to be"). Cited to reinforce the principle that the statutory fiction must be confined to its context.
I.L.R. (1944) Nag. 14 at p. 12 Similar authority regarding the interpretation of "deemed to be" in statutes. Relied upon to support restricting the statutory fiction that the Tribunal is a Court to its legitimate sphere.
I.L.R. (1940) 2 Cal. 4935 at p. 503 Where an analogy arises by legal fiction it must be limited to the purposes indicated by context. Applied directly: the Court stated it will apply this principle to limit the Nagpur Act's statutory fiction.
40 Cal. 216 Held that, prior to amendment, no appeal lay to the Privy Council against a High Court decision on appeal under Section 54 of the Land Acquisition Act. Recounted as background for the legislative amendment (19 of 1921) substituting S.54 to allow further appeal; used to show historical development of appellate rights under the Land Acquisition Act.
6 Lah. 697 Decision after amendment: appeal to the Privy Council held competent. Noted as authority that the amended provisions permit such appeals, illustrating changes in appellate regime of the Land Acquisition Act.
56 ALL. 656 Proposition that an order passed by a Court under the Land Acquisition Act is subject to revision by the High Court. Cited to demonstrate that, where the Land Acquisition Act's ordinary appeals apply, High Court revision can be available; contrasted with the Nagpur Act scheme which excludes such revision.
8 I.L.R. (1940) Mad. 791 Authority on revision/appeal from orders under the Land Acquisition Act. Used alongside 56 All. 656 to show situations where High Court supervision/revision applies.
27 Bom. 424 at p. 444 Observation that a body constituted like the Tribunal (President + two assessors, limited legal training, appointment/removal by Government) is not a Court of justice and appears intended to be free from High Court control except as appeal provisions may allow. Relied on for the conclusion that a Tribunal so constituted is not a Court; the Court expressed respectful concurrence with these observations and applied them by analogy.
59 Cal. 55 at p. 66 Privy Council approval of the view that a Tribunal constituted in that mode is not a Court, and that statutory finality excludes further appeal or revision. Applied to hold that the Tribunal under the Nagpur Act is not a Court and that the Act's provision of finality excludes interference by way of appeal or revision.
A.I.R. 1932 Cal. 660 Case under Calcutta Improvement Trust Act where High Court interfered in revision (based on S.115 CPC and S.107 Government of India Act, 1915). Noted but distinguished: the Nagpur Act does not provide an appeal to the High Court and so those reasons do not apply here.
I.L.R. (1943) 1 Cal. 691 at p. 73 Case under Calcutta Act where allowance of appeal to the High Court had the effect of making the Tribunal a Court subordinate to that High Court. Distinguished: since the Nagpur Act contains no provision for appeal to the High Court, the reasoning there does not make the Nagpur Tribunal subordinate to the High Court.
I.L.R. (1941) Nag. 581 Held the High Court had no power to revise an order passed by the District Court under Section 20 of the Relief of Indebtedness Act. Used as a supporting analogy to show limits on High Court revision where the statutory scheme does not make inferior bodies subordinate Courts for S.115 CPC purposes.
57 Mad. 271; 54 ALL. 1067 at p. 1074 Authorities distinguishing a "suit" (instituted by plaint and ending in a decree) from an "application" for procedural purposes (relevant to Order XLVI, R.1 references). Applied to support the conclusion that a reference under Section 18 of the Land Acquisition Act is neither a suit nor an appeal, and therefore the President of the Tribunal cannot refer the matter under Order XLVI, R.1 CPC.
I.L.R. (1941) Nag. 588 Held that a District Court had no power to make a reference to the High Court in proceedings under the Central Provinces & Berar Relief of Indebtedness Act because proceedings were neither suit nor appeal. Analogized to the present case to support that the President of the Tribunal is not competent to refer under Order XLVI, R.1 CPC since the Tribunal is not a Court and the proceedings are not suits or appeals.

Court's Reasoning and Analysis

The Court framed the controlling question as whether the Tribunal constituted under Sections 60 and 62 of the Nagpur Improvement Trust Act is a civil Court subordinate to the High Court for the purposes of Section 115 CPC. The Court examined the statutory scheme and relevant provisions of the Nagpur Improvement Trust Act:

  • The Tribunal is constituted under Section 60; Section 62 prescribes its constitution (a President and two assessors; appointment details are set out); Section 66 gives the Provincial Government rule-making power for the Tribunal's business.
  • Section 61 provides that, for the purpose of acquiring land under the Land Acquisition Act for the Trust, the Tribunal "shall except for the purposes of S.54 of that Act, be deemed to be the Court, and the President of the Tribunal shall be deemed to be the Judge thereunder"; Section 61(c) and (d) make further procedural provisions; Section 67(1)(c) makes the President's decisions on law and procedure final; Section 67(2) provides for enforcement of the Tribunal's awards by competent civil courts as if such awards were decrees.
  • The Court emphasized that the statute uses a legal fiction ("deemed to be") and applied authority (e.g., 54 Bom. 2162, I.L.R. (1940) 2 Cal. 4935) to interpret that fiction narrowly — limited to the purposes plainly indicated by the Nagpur Improvement Trust Act, and not a general conversion of the Tribunal into a civil Court subordinate to the High Court.
  • The Court analyzed the appellate and supervisory scheme: Section 54 of the Land Acquisition Act provides for an appeal to the High Court from awards of the Court; Section 61(a) of the Nagpur Act explicitly excludes the application of Section 54 of the Land Acquisition Act to Tribunal awards, and the Nagpur Act provides that the award of the Tribunal "shall be final." The combination of finality and the President's finality on questions of law and procedure indicates the Legislature intended to exclude ordinary High Court appellate/revisionary supervision.
  • The Court compared the Nagpur Act to other local Acts (Bombay, Calcutta, United Provinces), noting that where a right of appeal to the High Court is conferred by statute, courts have treated such Tribunals as subordinate to the High Court for S.115 CPC purposes. Those decisions were distinguished because the Nagpur Act contains no such appellate provision.
  • Precedents about Tribunals (27 Bom. 424; 59 Cal. 55) and decisions where High Court revision was allowed under other statutory schemes were examined; the Court concluded those authorities do not mandate revision here because of the absence of an express statutory appeal or supervisory provision in the Nagpur Act.
  • Relying on this statutory interpretation and precedent, the Court concluded it has no jurisdiction under Section 115 CPC to entertain revision of an order passed by the President of the Tribunal, because the Tribunal is not a Court subordinate to the High Court in the sense required by Section 115 CPC.
  • On the separate point under Order XLVI, Rule 1 CPC (statutory power to state a case), the Court explained the distinction between a "suit" and an "application" and reiterated precedent that references arising from proceedings that are neither suits nor appeals cannot be referred to the High Court under Order XLVI, Rule 1. Since the Tribunal is not a Court and the reference under Section 18 of the Land Acquisition Act is neither a suit nor an appeal, the President of the Tribunal was not competent to refer the matter to the High Court under Order XLVI, Rule 1 CPC.
  • The Court explicitly refrained from deciding other contested substantive questions raised by the applicant because the preliminary jurisdiction point disposed of the matters before it.

Holding and Implications

Holding: DISMISSED AS NOT MAINTAINABLE.

Implications:

  • The two revision applications (Civil Revision Nos. 495 and 496 of 1941) were held not maintainable and were dismissed. The Court ordered costs (counsel's fee Rs. 25) as recorded.
  • The High Court declared that the Tribunal constituted under the Nagpur Improvement Trust Act is not a civil Court subordinate to the High Court for the purposes of Section 115 CPC; consequently, Section 115 CPC does not provide a route of revision against orders passed by the President of that Tribunal under the statutory scheme in question.
  • The President of the Tribunal was held not competent to state and refer the case to the High Court under Order XLVI, Rule 1 CPC in the circumstances of these acquisition proceedings (a reference under Section 18 of the Land Acquisition Act is neither a suit nor an appeal, and the Tribunal is not a Court for Order XLVI purposes).
  • No broader change in legislative policy was made by the Court; the opinion records that any change to allow High Court supervision or appeals in such matters is a legislative question. The Court therefore confined itself to construing the existing statutory scheme and applying established authorities.

Disposition: Application dismissed.

Show all summary ...

1. This order will also dispose of Civil Revision No. 496 of 1941 as both the applications arise out of the proceedings before the Tribunal constituted under Sections 60 and 62 of the Nagpur Improvement Trust Act. The applicant is the malik makbuza holder of plots Nos. 301 and 806, area 21.68 acrea, land revenue Rs. 50 in mauza Dhantoli in Nagpur. The plots are within the limits of the municipality of Nagpur. The area was acquired for the Industrial Area Expansion Scheme of the Nagpur Town Improvement Trust. The Land Acquisition Officer delivered an award on 26th April 1940, and determined Rs. 9330 as compensation payable to the applicant. The applicant was, dissatisfied with the award and applied to the officer to make a reference under Section 18 of the Land Acquisition Act. As no Tribunal had been constituted under the Nagpur Improvement Trust Act, the Land Acquisition Officer made a reference to the District Judge, Nagpur, on 28rd May 1940. After this reference a Tribunal was constituted on 24th July 1940 under ss. 60 and 62 of the Act. After the Tribunal was constituted the reference was heard by the Tribunal. In the course of the proceedings before the Tribunal, the applicant filed two applications. The first application was made on 2nd December 1940. The applicant contended that the acquisition of his plots was not for carrying out any of the purposes of the Nagpur Improvement Trust Act; that a town expansion scheme under S. 35(1) must relate to an area outside the limits of the Nagpur Municipality and that it cannot relate to an area within the limits of the municipality; that the reference under Section 18 of the Land Acquisition Act, should be heard by the Court and not by the Tribunal; that the compensation payable to the applicant must be determined with reference to Section 23(1) of the Land Acquisition Act, and not with reference to the section as amended by cl. 10(3)(a) of the schedule of the Nagpur Improvement Trust Act, and that the amended cl. 23(3)(a) is ultra vires of the Legislature as it is in contravention of Section 299 of the Government of India Act of 1935. The President of the Tribunal by the order dated 11th March 1941 decided some of the points raised. It is against this order that civil Revision No. 495 of 1941 is directed.

2. On 18th February 1941 the applicant formulated certain points and asked the Tribunal to refer them to the High Court for a decision under O. 46, R. 1 of the CPC, read with Section 53 of the Land Acquisition Act. This was rejected by the President of the Tribunal on 11th March 1941 on the ground that it was not maintain, able. It is against this order that Civil Revision No. 496 of 1941 has been filed. At the hearing the applicant filed an application for referring the two applications to a Full Bench as they involved substantial questions of law and were of great public importance and the decision of the Division Bench in First Appeal No. 39 of 19411 to which one of us (Pollock, J.) was a party may necessitate a reconsideration. We did not consider it necessary to do so as we are of opinion that the revision applications are not maintainable. The learned Government Pleader raised a preliminary objection that no revision application lies under Section 115 of the CPC, against an order passed by the President of the Tribunal as it is not a Court subordinate to the High Court. We consider that the objection is sound and must prevail, and these applications must be dismissed as not maintainable. A revision under Section 115 of the CPC, lies to a High Court against an order passed by any Court subordinate to the High Court on the conditions stated therein. Under S. 3 of the Code the District Court is subordinate to the High Court, and every civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court and District Court, for the purposes of the Code. Under S. 96 of the Code an appeal lies from every decree passed by any Court exercising original jurisdiction to the Court authorised to hear appeals from the decisions of such Court, save where otherwise expressly provided in the body of the Code or by any other law for the time being in force.

3. The question for decision is whether the Tribunal constituted under the Nagpur Improvement Trust Act is a civil Court subordinate to the High Court. Under Section 60 of the Nagpur Improvement Trust Act, 1936, a Tribunal is constituted for the purpose of performing the functions of the Court in reference to the acquisition of land for the Trust, under the Land Acquisition Act, 1894 (1 of 1894). The constitution of the Tribunal is as stated in Section 62 of the Nagpur Improvement Trust Act. It consists of a President and two assessors. The President of the Tribunal must have the qualifications mentioned therein. The President and one of the assessors are appointed by the Provincial Government and the other assessor is appointed by the municipal committee. Under S. 66 the Provincial Government has power to make rules for the conduct of business by Tribunals established under the Act. The relevant portion of S. 61 of the Act is in these terms:

“For the purpose of acquiring land under the Land Acquisition Act, 1894 (1 of 1894), for the Trust—

(a) the Tribunal shall except for the purposes of S. 54 of that Act, be deemed to be the Court, and the President of the Tribunal shall be deemed to be the Judge thereunder…….

(c) the President of the Tribunal may summon witnesses and enforce their attendance…. by the same means, and so far as may be, in the same manner, as is provided in case of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), and

(d) the award of the Tribunal shall be deemed to be the award of the Court under the Land Acquisition Act, 1894 (1 of 1894) and shall be final.”

4. Under S. 67(1)(c) the decision of the President of the Tribunal on all questions of law and procedure is final. Under S. 67(2) every award of the Tribunal, and every order made by the Tribunal for the payment of money, shall be enforced by a competent civil Court within the local limits of whose jurisdiction it was made as if it were a decree of that Court. We have underlined (here italicized) a few words to emphasise the nature of the Tribunal and the award. A Tribunal has not been constituted a Court under the Act, but for the purposes of the Act the Tribunal is deemed to be the Court, and the award of the Tribunal is deemed to be the award of the Court. That is importing a fiction. For the interpretation of the expression “deemed to be” see, 54 Bom. 2162 at p. 223; I.L.R (1941) Nag. 5883 at p. 591 and I.L.R (1944) Nag. 14 at p. 12. The only meaning possible is that the Tribunal is not, in reality, a Court but that the Nagpur Improvement Trust Act requires it to be treated as if it were a Court for certain specific purposes. In I.L.R (1940) 2 Cal. 4935 at p. 503 it has been observed that where the analogy only arises by legal fiction, it must be limited to the purposes indicated by the context, and cannot be given a larger effect. We shall apply this principle and determine what is the scope of the statutory fiction introduced by the Nagpur Improvement Trust Act and restrict it within its legitimate sphere.

5. Under Section 18 of the Land Acquisition Act, 1894, a reference is made to the Court if the applicant is not satisfied with an award made by a Collector. Under S. 3 of the Act ‘Court’ has been defined to mean a principal civil Court of original jurisdiction, unless the Local Government has appointed a special judicial officer within any specified local limits to perform the functions of the Court under the Act. Under S. 54 of the Act an appeal lies to the High Court from the award passed by the Court. There was no provision for an appeal from the order passed by the High Court on appeal. In 40 Cal. 216 it was held that no appeal lay to the Privy Council against a decision of the High Court passed on appeal by the High Court under S. 54 of the Act. An Amending Act, 19 of 1921, was passed and a new S. 54 was substituted which provides for an appeal to the High Court against the award of the Court and for an appeal to the Privy Council from the decree passed by the High Court on appeal. A sub-section was added to S. 26 of the Act in these terms:

“Every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgment within the meaning of Section 2, clause (2), and Section 2, clause (9), respectively of the CPC, 1908.”

6. 6 Lah. 697 was a decision after the amendment had been effected, and it was held that an appeal to the Privy Council was competent. An order passed by a Court under the Land Acquisition Act is subject to revision by the High Court: 56 ALL. 656; 8 I.L.R (1940) Mad. 791.9 Where a dispute arises as regards the award delivered by a Collector the matter is referred to a civil Court. Under the Nagpur Improvement Trust Act the Trust has been given power to acquire land under the provisions of the Land Acquisition Act as modified by the provisions of the Nagpur Improvement Trust Act for carrying out any of the purposes of the Act, and the Tribunal except for the purposes of S. 54 of the Act is deemed to be a Court and the President of the Tribunal is deemed to be the Judge thereunder. Section 54 of the Land Acquisition Act, provides for an appeal. Section 61(a) of the Nagpur Improvement Trust Act excludes the application of Section 54 of the Land Acquisition Act. The award of the Tribunal is deemed to be the award of the Court under the Land Acquisition Act and is final. The effect of these provisions is that there is no appeal to the High Court from the award of the Tribunal. This has been so held in Civil Revn. No. 539 of 194310 to which one of us (Sen, J.) was a party. In order that the award of the tribunal, might be executable it was necessary to provide that the award of the Tribunal should be enforced by a competent civil Court within the local limits of whose jurisdiction it was made as if it were a decree of that Court. But for S. 67(2) of the Act the award of the Tribunal could not be executed in a civil Court. The provisions of the Bombay Trust Act (Act 4 of 1898) were almost in similar terms to those of the Nagpur Improvement Trust Act, except that under the Bombay Act there was an appeal to the High Court on a certificate from the President of the Tribunal, and the rules were to be framed by the President and not by the Provincial Government. In 27 Bom. 42411 at p. 444 it has been observed with reference to the position of the Tribunal constituted under the Act:

“In considering whether the Tribunal of appeal is a Court, it is important in the first place to observe what is its constitution. It consists of a President and two Assessors, of whom only the President need have any legal training: the award of the majority (except on points of law) prevails: the President and one Assessor ore appointed by the Government, the other Assessor by the Corporation, by which is presumably meant the Municipal Corporation of Bombay: the members of the Tribunal are appointed for one year and are eligible for re-appointment: they are removable by Government for inability, misbehaviour or other good and sufficient cause: the President alone has power to make rules for the conduct of the Tribunal subject to the sanction of the Government, while under the High Courts Act of 1861 (Stat. 24 & 25 Vict., c. 104), S. 15, it is the High Court that is empowered to frame rules of practice for subordinate Courts: the Act does not purport to constitute the Tribunal a Court, but provides that it shall perform the functions of the Court under the Land Acquisition Act, and shall be deemed to be the Court: the President is deemed to be the Judge, and the Tribunal's award (subject to the right of appeal I have mentioned) is final. Can it reasonably be said that a body so constituted is a Court of Justice? I think not; it appears to me that the manifest purpose of the Legislature was to create a Tribunal that should not be a Court, but a body free from the control and superintendence of this Court, except so far as intervention by way of appeal might be sanctioned by its President.”

7. These observations were approved by their Lordships of the Privy Council in 59 Cal. 5512 at p. 66. These observations have our respectful concurrence. We hold that the tribunal is not a Court but is deemed to be a Court for certain specific purposes. In the Bombay Act there was an appeal to the High Court from the award of the Tribunal if the President granted a certificate that the case was a fit one for appeal. In view of the doubt expressed in the Bombay case as regards the power of the provincial Legislature to confer a right of appeal on the High Court a validating Act, 14 of 1904, was passed. Section 71 of the Calcutta Improvement Trust Act, 5 of 1911, is the same as Section 61 of the Nagpur Improvement Trust Act, but simultaneously with the passing of the Bengal Act, Act 18 of 1911, was passed giving a right of appeal to the High Court from an award of the Tribunal. The same method was adopted in the United Provinces Town Improvement Trust Act, 8 of 1919; a right of appeal was provided by Act 3 of 1920. In 59 Cal. 55 at p. 56 the question for decision was whether an appeal was competent from a decision of the High Court on appeal from the award of the Tribunal. It was held that no appeal lay as the award of the Tribunal was final subject to the restricted appeal to the High Court. The provision of finality in the Act excluded any further appeal. Under the Nagpur Improvement Trust Act the award of the Tribunal is final. The decision of the President on all questions of law and procedure is also final. Applying the principle stated in 59 Cal. 55, the provision of finality would exclude any interference either in appeal or in revision.

8. A close examination of the provisions of the Nagpur Improvement Trust Act will disclose that the Tribunal has not been made a Court subordinate to the High Court and that the High Court has no power of superintendence over the Tribunal. A.I.R 1932 Cal. 66013 and I.L.R (1943) 1 Cal. 6914 at p. 73 are cases under the Calcutta Improvement Trust Act wherein there was an interference by the High Court in revision. In the former case the power to revise was based on Section 115 of the CPC and Section 107 of the Government of India Act of 1915. No reasons have been given for the exercise of the power of revision under S. 115. In the latter case the reason for interference is stated to be

“that Act 18 of 1911 allowing an appeal from the Tribunal to the High Court had the effect of making the Tribunal a Court subordinate to this Court within the meaning of Section 115 of the CPC”

9. This is not applicable to the Tribunal constituted under the Nagpur Improvement Trust Act as no appeal has been provided from the award of the Tribunal or from an order of the President to the High Court. There are cases which lay down the proposition that where a right of appeal is conferred from a Tribunal to the High Court that Tribunal is constituted a Court subordinate to the High Court. That principle is not applicable as in the local Act there is no provision for an appeal to the High Court and no indication that the Tribunal is to be deemed to be a Court subordinate to the High Court. In the absence of any such provision, it must be held that the High Court has no power to revise the order passed by the President of the Tribunal or the award delivered by the Tribunal constituted under the Nagpur Improvement Trust Act. A reference may be made to the case in I.L.R (1941) Nag. 58115 in which it was held that the High Court had no power to revise the order passed by the District Court under Section 20 of the Belief of Indebtedness Act. Under Section 107 of the Government of India Act, a High Court under its power of superintendence exercised the powers of revision over inferior Courts, but under Section 224(2) of the Government of India Act, 1935, the power of superintendence does not carry with it the power of hearing an appeal or revision unless it is so expressly conferred by some express enactment. We hold that we have no power to revise the order passed by the President of the Tribunal.

10. In view of our decision on a preliminary point of jurisdiction we refrain from deciding other questions which have been argued before us. Section 113 of the CPC, confers jurisdiction on a Court to state a case and refer it for the opinion of the High Court and the High Court may make such order thereon as it thinks fit. The limitations for making a reference are stated in O. 46, R. 1 of the CPC. The question of law must arise at the hearing of a suit or appeal. The Legislature has made a distinction between a suit and an application. A suit is instituted by presentation of a plaint and ends in a decree: 57 Mad. 271, 16 54 ALL. 106717 at p. 1074. A reference made by the Collector to a Court under Section 18 of the Land Acquisition Act, is neither a suit nor an appeal. In I.L.R (1941) Nag. 588 it was held that the District Court had no power to make a reference to the High Court in a case arising out of the Central Provinces and Berar Relief of Indebtedness Act as the proceedings before the Belief Courts were neither in the nature of a suit nor an appeal. We have already held that the Tribunal is not a Court. The President of the Tribunal is not competent to refer the case to the High Court for decision under O. 46, R. 1 of the CPC. Mr. Ghadge, counsel for the applicant, made an impassioned appeal that in questions affecting vitally the subject in the matter of payment of compensation on compulsory acquisition of his land a right of approach to the High Court should not be barred. His contention was that these cases involve intricate and complicated questions of law and that it is desirable that the High Court should have power to decide these questions finally in appeal or in revision. This is, however, a question of policy which is for the Legislature to decide. The application for revision fails and is dismissed with costs. Counsel's fee Rupees 25.

11. Application dismissed.