1 $.C.R. Union to acquire the lands owned by the State, inclu- ding coal mines and coa bearing lands, is u.ltra virea. I find on issues l, 2 and 3 against the defendant, In view of my findings on the said issue, I do not pro-
pose to express my opinion on the additional issue. In the result, there will be a decree in favour of the plaintiff in terms of els. (a), (c) and (d) of paragraph 11 of the plaint. The plaintiff is entitled
to costs. Br COURT: In view of the judgment of the majority, the suit stands dismissed with costs. Appeal dismissed. SHRI DURGA PRASAD & ANOTHER v. THE BANARAS BANK LIMITED (B. P. SINHA, C.J.,, P. B. GAJENDRAGADKAR,
K. N. WANCHOO, K. C. DAs GUPTA and J.C. SHAH, JJ.) S1<preme Court, ApptUatejuri$4iction of-Cerlifirme graxt"'1. by High Court, if 0011tpetent-•Oourt immtdiately btlow'- Meaning of-Constitution of India,, A.rt. 133 (1).
The Official Liquidator of the respondent Bank advertised for sale, the two houses belonging to the Bank. These houses were sold to the second appellant with the sanction of the court. The second appellant thereafter transferred the houses to the first appellant reciting in the deed that the latter was the real owner and that the sale deed from the Official Liquidator was obtained btnami for him. The Official Liquidator moved the High Court at Allahabad foe an order declaring the sale null.and void and for an.order re-transferring the houses to the Bank, A /962
S1at1 of Wist B,.,111 v. Uni .. of lit& Subh&., J. 196• D…..W,11. single Judge of the High Court held that the fint appellant being at the material time a member of the committee of inspec- tion and he having suppressed that intercot wu pttcluded from buying the property of the Bank and directed the first appellant lo convey the hou~ to the Official Liquidator of the Bank. This order was confirmed by a Division Bench of the High Court in appeal under cl. JO of the Letters Patent. The High Court then certified the case under Art. 133 (1) (a) or the Constitution for appeal to this Court. It was urged at the he:rrin~ of the appeal on behalf of :he Official Liquidator that the appeal was incompe1cnt, for the High Court had no jurisdiction to grant. the certificate under .\rt. 133 (1) (a) of the Constitution with- out certifying that the appeal involved some substantial ques- tion of law.
H.ld,. that under Art. 133 (I) of the Constitution the expression 'Court immediately below' has not the same conno- tation as the aprcooion •Court subordinate to the High Court' and as the judgment of the Single Judge was affirmed in appeal, the appeal to the Supreme Court could not be entertained with a certificate under Art. 133 (1) (a) unless it w.u certified that it involves some substantial question of law.
Dwki N,.tuin.,. v. 81ak of U. P., A. I. R. 1959 All. 10, revcraed. Tool8ay PtrarJud Bhu&t v. BtMyei< Mi .. er (1896) L. R. 23 I.A. 102, Prol>liatDatiK1,,.tDar v. Pan""'l Lodl&a, (1941) +s Cal. W. N. I 002, referred to.
La4li Pr<H<Jd J~ v. Tlat Karl!.IJl !Mtil/ery Co. [1964) Vol. 1 S. C.R. 270, relied on. CIVIL APPBLLATE JumsorarroN: Civil Appeal No. 569of1960. Appeal from the judgment and decree dated
September 9, 1958, of the Allahabad High Court in· Special Appeal No. 214of1956 • . Ranganadham Chetty, A. V. Rongam, A. Veda- valli and M. I. Khowaja. for the appellants. G. 8. Pathak and G. O. Mathur; for the respon-
dent. 1 S.C.R. 1962. December 21. The Judgment of the Court was delivered by SHAH, J.-The Banaras Bank Ltd-hereinafter called 'the Bank' was directed to be wound up by order of the Allahabad High Court.
A committee of inspection was appointed under s. 178-A of the Indian Companies Act, 1913 to act with the Official Liquidator, and one of the members of the Com- mittee was Durga Prasad the first appellant in this
appeal. The Official Liquidator ad vertlsed for sale two houses which formed part of the assets of r he Bank. Roshan Lal the ·second appellant made an offer to purchase the two hou~es for Rs. 18,000/-.
. This offer was accepted by the Official Liquidator and with the sanction of the Court the two houses were sold to Roshan Lal on August 2, 1941. Roshan Lal thereafter transferred the houses to Durga .Prasad
reciting in the deed that the latter was "the real owner" oft he houses and that the sale deed from the Official Liquidator was obtained by him 'benami' for Durga Prasad. On coming to learn about this con-
veyance, the Official Liquidator moved the High Court of Allahabad for an order that the sale be dec- lared null and void and that Durga Prasad be called upon to 'i1rrender the two houses and to re-transfer
the same to the Bank. The High Court held that the sale deed was .obtained by Durga Prasad who was the real purchaser, that he had suppressed his interest in the purchase, and that being a member of
of the committee for inspection, qua the Bank he occupied the position of a trustee and was on that account precluded from buying the property of the Bank. The High Court accordingly directed Durga
Prasad to covey the houses to the Official Liquidator of the Bank. This order was confirmed in appeal under cL IO of th~ Letters Patent by a Division Bench of the High Court. The High Court, how-
ever, certified the case under Art. 33 (l) of the Shri Durga Prasad Tht Banarm Bonk Ltd. Shuh, J, Sild, J. Constitution for appeal to thi! Court. The High Court observed: "It is not in dispute that the judgment of this
Court involves directly or indirectly a claim respecting property of a value of not less than Rs. 20 ,000{- and, in view of the decision of this Court in Shri Deoki NatJan v. Sf.are of
Ultar Praduh (1 ), the applicants are entitled as of right to a certificate under Article 133 ( l) of the Constitution without an additional certificate that the case gives rue to
a substantial question of law. The requisite certificate will accordingly issue." At the hearing before this Court counsel for the Official Liquidator submitted that the appeal is
incompetent, for the High Court had no jurisdiction to grant the certificate under Art. 133 (1) (a) of the Constitution without certifying that the appeal involved some substantial question of law. In our
view this contention must succeed. In Declci Nandan v. Stale of Ultar Praduh (') the Allahabad High Court held. "The words 'the Court immediately below' within. the meaning of cl. (1) of Art. 133 of the
Constitution must be a court other than the High Court. A single Judge of a High Court is not a court subordinate to the High Court. An appeal against an order of an appe- llate Bench of the High Court dismissing an
appeal from an order of a single Judge of the Court on its ·original side rejecting a petition under Art. 226 of th Constitution lies as a matter of right under Art. 133 (1) of the Consti·
tution, if the claim is in respect of property of a value in excess of Rs. 20,000/- and it u not (I) A.IR. 1959 AU. JO. 1 S.C.R. nec,ssary that the case should give rise to a substantial question of law."
But the expression 'court immediately below' in Art. 133 (1) has not the same connotation as the expression 'court subordinate.to the High Court.' -in Toolsey Persaud Bhuckt v. Benayek Miaaer ('), the
Privy Council appears to have expressed the view that a single Judge of a High Court trying an original proceeding was a court immediately below the High Court hearing an appeal under the Letters Patent
from his judgment and therefore an appeal under s. 596 of the Code of Civil Procedure Act XIV of 1882 (of which the terms were in substance identical -with the terms of Art. 133 (1)) could be certified for
appeal to the Privy Council only if a substantial question of law was involved. The Jud_icial Committee observed : '·Their Lordships think that no question of law, either as to construction of documents or any
other point, arises on the judgment of the High Court, and that there are concurrent findings of the two Courts below on the oral and docu· mentary _evidence submitted to them. That
being so, the present appeal cannot be ente~ tained." In Probhawati K unwar v. Panmal Lodha ('), the High Court of Calcutta held -that an appeal to the Privy Council cannot be certified if the High Court con-
firms the judgment of a single Judge trying an original proceeding, unless it involves a substantial question of law. In a recent case Ladli Prasad Jaiswal v. The Karnal Distillery Company Ltd. ('),
this Court held that a single Judge. hearing a second appeal under s. 100 of the Code of Civil Procedure, 1908 is for purposes of Art. 133 (1) the Court immediately below a Division Bench of the High
Gou,rt hearing an appeal against his jud~ment under t}je Letters Patent. It was observed in that case that (!,) (1896) L.R. 28 I.A. 102. (2) (1941) 45 Cal. W.N. 1002. (S) [1964] Vol. l, S.C.R. 270.
Ilti2 Sluzh, I. Sliri Dtut• Pras.J TNS…-.BtznJ; Ltd. SllaJz, J. the expression 'Court immediately hflow' used in Art. 133 (I) (a) doe~ not mean Court subordinate to the High Court. "A Court subordinate to the High
Court is a Court subject to the superintendence of the High Court, whereas a Court immediately below is the Court from whose· decision the appeal has been filed." In that case the Attorney-General appearing
for the respondents conceded that a single Judge of a High Court trying a suit or proceeding as a court of original jurisdiction wa, a court immediately below the High Court hearing
an appeal from his decision-and it was observed in the Judgment of this Court that the concession was properfy made. · In the appeal before us, the judgment of the High Court affirms the judgment of the single Judge
and the High Court has not certified that the decision appealed from involves any substantial question of law. The appeal cannot accordingly be entertained. Counsel for the appellant requested that in any event
special leave to appeal under Art. 136 of the Consti- tution be granted. But we arc of the view, having regard to all the circumstances, that this is not a fit case for granting leave to appeal.
The appeal is therefore dismissed. There will be no order as to costs. A ppea/ disniis&ed.