V. Viswanatha Sastri, S. N. Amjad Nainar and R. Thiagarajan, for respondent No.
N. Subramania lyer, M. S. K. Sastri and M. S. Narasimhan, for the appellant.
Appeal by special leave from the judgment and decree dated August 10, 1960 of the Kerala High Court in Appeals Suit Nos.
Three appeals were preferred against it.
One was by Tirumalaya Gounder, the first defendant, and another in January, 1959 by H. B. Mohammad Rowther, 8th defendant.
20 and 21 of the Act been in force on the date on which the appeals were instituted unquestionably they would have had to be beard by a Division Bench of two Judges.
R. K. Pillai, for respondents Nos.
3,000 and, therefore, had ss.
All these appeals were heard together and disposed of by a ,common judgment on August 10, 1960 and the appeals preferred.
4 and 5.
The Judgment of the Court was delivered by Mudholkar, J. This is an appeal from a judgment of a single Judge of the Kerala High Court dismissing the appellants suit for recovery of possession of certain property and for mesne profits.
APPELLATE JURISDICTION Civil Appeal No.
T he appellants suit and the appeals taken by the respondents from the District Court and the Subordinate Judge were both valued at Rs.
577 and 751 of 1958 and 40 of 1959.
The suit was instituted on February 10, 1950 in the district companyrt of Kottayam which was later transferred by it to the companyrt of the Subordinate Judge, Meenachil sometime in the year 1956 and was substantially decreed in the appellants favour on July 30, 1958.
by defendants I and 8 were allowed by the High Court while the appeal preferred by the appellant was dismissed.
The appellant had also preferred an appeal against that part of the decree which was adverse to him.
1,000 had to be heard by a Division Bench companysisting of two Judges of the High Court.
At the time the suit was instituted the Travancore Cochin High Court Act 5 of 1125 M.E. Corresponding to 1949 A.D. was in force.
As regards the question of law it is desirable to set out how, according to the appellant, it arises.
Under s. 20 of that Act read with S. 21 all appeals to the High Court valued at an amount in excess of Rs.
5 of 1959 which received the assent of the President on February 6, 1959 and came into force on March 3, 1959.
383 of 1963.
