RAMJI GUPTA & ANR.versusGOPI KRISHAN AGRAWAL (D) & ORS.

                        [2013] 5 S.C.R. 398


A                      RAMJI GUPTA & ANR.
                                  v.
              GOPI KRISHAN AGRAWAL (D) & ORS.
               (Civil Appeal No. 629 of 2004 etc.)

                          APRIL 11, 2013
8
         [DR. B.S. CHAUHAN AND FAKKIR MOHAMED
                   IBRAHIM KALIFULLA, JJ.]

        Suit - Suit by landlord against tenants alleging default in
C payment of rent - Tenants claiming to be owners of the
  property on the strength of sale deed executed by the vendor
  (mother of the landlord) - Small Causes Court decreed the
  suit, relying on a judgment passed in 1958 (whereby vendor
  (a Hindu female) was held to be life estate holder in the
D property). and held that by virtue of the judgment, the son of
  the vendor (landlord) acquired the property - Judgment
  confirmed by District Judge and High Court - On appeal,
  held: Courts below rightly decreed the suit.

E      Provincial Small Causes Courts Act, 1887 - s. 23 -
  Adjudication of issue of title - By Small Causes Court - Held:
  Small Causes Court cannot adjudicate upon issue of title -
  Such question if decided incidentally by Small Causes Court,
  would not operate as res-judicata in a subsequent suit based
  on title - In the instant case, trial court rightly refused to go
F into such issue.

       'J' after the death of her husband, was given life
  interest in the property in question by her father-in-law
  through a 'Will'. Respondent No.1 who claimed to be the
G adopted son of 'J', filed a suit against 'J', wherein the
  Court by judgment dated 23.4.1958 held that 'J' was only
  a life estate holder of the property in question therein
  (including the property in question in the present case).
  The property in question was under tenancy of father of
H                             398
 RAMJI GUPTA & ANR. v. GOPI KRISHAN AGRAWAL 399
                 (D) & ORS.
the appellants. 'J' sold the property to the mother of the       A
appellants in 1974. Appellants inherited the tenancy after
death of their father and continued to pay the rent to the
vendee i.e. their mother.

    Respondent No.1 filed a suit alleging that the
                                                                 8
appellants had defaulted in payment of rent. During
pendency of the suit, respondent No.1 sold the property
to respondent No.2. Appellants contested the suit
claiming to be owner of the property. Small Causes Court
decreed the suit holding that respondent No.1 acquired
the property by virtue of judgment dated 23.4.1958 and           C
landlord-tenant relationship could be deemed to have
been created between the parties. The order was further
confirmed by District Judge as well as High Court.

    In appeal to this Court, the appellants contended that       D
the courts erred in adjudicating upon the issue of title
because such issue can be decided only by civil court
and not small Causes Court; and that judgment dated
23.4.1958 could not be given effect to, in view of
provisions of s.14(2) of Hindu Succession Act, 1956.             E

     Dismissing the appeals, the Court

        HELD: 1. A question regarding title in a small cause
  suit, may be regarded as incidental only to the substantial
  issue in the suit, and therefore, when a finding as regards    F
  title to immovable property is rendered by a Small Causes
  Court, res judicata cannot be pleaded as a bar in the
  subsequent regular suit, for the determination or
  enforcement of any right or interest in the immovable
  property. A question of title could also be decided upon       G
  incidentally, and that any finding recorded by a Judge,
. Small Causes Court in this behalf, could not operate as res
  judicata in a suit based on title. (Para 7] [407-F-H; 408-A]

     Dhulabai etc. v. State of M.P. and Anr. AIR 1969 SC 78:
                                                                 H
    400     SUPREME COURT REPORTS               [2013] 5 S.C.R.


A 1968 SCR 662; Smt. Gangabai wlo Rambilas Gilda v. Smt.
  Chhabubai wlo Pukharajji Gandhi (1982) 1 SCC 4: 1982 (1)
  SCR 1176; Life Insurance Corporation of India v. Mis. India
  Automobiles and Co. and Ors. AIR 1991 SC 884: 1990 (3)
  SCR 545; Rameshwar Dayal v. Banda (Dead) through His
8 L.Rs. and Anr. (1993) 1 sec 531: 1993 (1) SCR 198 - relied
  on.

       2. In view of Section 23 of the Provincial Small Cause
  Courts Act, 1887, it is evident that the Small Causes Court
  cannot adjudicate upon the issue of title. In the instant
C case therefore, the trial court has rightly refused to go
  into such issue, and neither can any fault be found with
  the findings recorded by the courts below in this regard.
  Furthermore, as it is an admitted fact that defendant Nos.1
  and 2 were tenants of the original plaintiffs, the question
D of title could not be adjudicated at the behest of the
  appellants under any circumstance. [Para 8] [408-C, F-H]

        Nirmal Jeet Singh Hoon v. lrtiza Hussain and Ors. (2010)
    14 sec 564: 2010 (14) SCR 109 - relied on.
E      3. The Court of Small Causes, while determining the
  issues involved therein, has taken note of the result of
  the earlier Suit No.45 of 1956, decreed vide judgment and
  decree dated 23.4.1958, and also of the Execution Appeal
  No.64 of 1965, wherein it was held, that 'J', being a life
F estate holder had no right to transfer the property. In
  Execution Appeal No.64 of 1965, vendee, was made a
  party, however, so far as the issue of title by the courts
  below is concerned, the trial court held that the court
  could not determine the question relating to proprietary
G right/ownership of the parties; and that this court has
  limited jurisdiction to decide as to whether there existed
  the relationship of house-owner and tenants between the
  parties or not. The said finding has been upheld by all the _
  courts. [Para 10] [409-D-G; 410-A]
H
RAMJI GUPTA & ANR. v. GOPI KRISHAN AGRAWAL 401
                (D) & ORS.

     4. Section 14(2) of Hindu Succession Act, 1956           A
carves out an exception to rule provided in sub-section
(1) thereof, which clearly provides that if a property has
been acquired by a Hindu female by a Will or gift, giving
her only a "life interest", it would remain the same even
after commencement of the Act 1956, and such a Hindu          B
female cannot acquire absolute title. [Para 6] [407-8-C]

     Shivdev Kaur (DJ by L.Rs. and Ors. v. R.S. Grewal 2013
(4) SCC 636; Mst. Karmi v. Amru and Ors. AIR 1971 SC 745;
Navneet Lal@ Rangi v. Gokul and Ors. AIR 1976 SC 794:         c
1976 (2) SCR 924; Sadhu Singh v. Gurdwara Sahib Narike
and Ors. AIR 2006 SC 3282: 2006 (5) Suppl. SCR 799;
Jagan Singh (Dead) Through LRs. v. Dhanwanti and Anr.
(2012) 2 SCC 628: 2012 (2) SCR 303; Muniananjappa Ors.
v. R. Manual and Anr. AIR 2001 SC 1754: 2001 (2) SCR          D
1113; Sharad Subramanyan v. Soumi Mazumdar and Ors.
AIR 2006 SC 1993; Gaddam Ramakrishnareddy and Ors. v.
Gaddam Ramireddy and Anr. (2010) 9 SCC 602: 2010 (11)
SCR 656 - relied on.

     Radha Rani Bhargava v. Hanuman Prasad Bhargava           E
(deceased) thr. L.Rs. and Ors. AIR 1966 SC 216: 1966 SCR
1; Mis. Supreme General Films Exchange Ltd. v. His
Highness Maharaja Sir Brijnath Singhji Deo of Maihar and
Ors. AIR 1975 SC 1810: 1976 (1) SCR 237 - referred to.
                                                              F
                    Case Law Reference:
    2013 (4) sec 636         relied on           Para 6
    AIR 1971 SC 745         relied on            Para 6
    1976 (2) SCR 924         relied on           Para 6       G

    2012 (2) SCR 303        relied on            Para 6
    2001 (2) SCR 1113        relied on           Para 6
    AIR 2006 SC 1993         relied on           Para 6       H
    402      SUPREME COURT REPORTS               [2013] 5 S.C.R.


A         2010 (11) SCR 656      relied on             Para 6
          1968 SCR 662           relied on             Para 7
          1982 (1) SCR 1176      relied on             Para 7
          1990 (3) SCR 545       relied on             Para 7
B
          1993 (1) SCR 198       relied on             Para 7
          2010 (14) SCR 109      relied on             Para 8
          1988 (2) Suppl. SCR 238        relied on     Para 9
c
          1966 SCR 1             referred to           Para 11
          1976 (1) SCR 237       referred to           Para 11
       CIVIL APPELLATE JURISDICTION: Civil Appeal No. 629
D of 2004.
         From the Judgment and Order dated 06.09.2002 of the
    High Court of Judic~ture at Allahabad in Civil Misc. Writ
    Petition No. 25785 of 2002.

E                                 WITH
    C.A. Nos. 630 of 2004.

       Rakesh Dwivedi, Dlnesh Kumar Garg, Abhishek Garg,
  Dhananjay Garg, B.S. Billowria, Dr. Krishan Singh Chauhan,
F Tara Chandra Sharma, Neelam Sharma, Rupesh Kumar,
  Arvind Kumar, Laxmi Arvind, Poonam Prasad, Pradeep Kumar
  Mathur, T. Anamika for the appearing parties.

          The Judgment of the Court was delivered by

G         DR. B.S. CHAUHAN, J.

    C.A. No.629 of 2004

        1. This appeal has been preferred against the judgment
    and order dated 6.9.2002, passed by the High Court of
H
 RAMJI GUPTA & ANR. v. GOPI KRISHAN AGRAWAL 403
       (D) & ORS. [DR. B.S. CHAUHAN, J.]
·Allahabad in CMWP No.25785 of 2002, by way of which, the A
 High Court has dismissed the writ petition of the appellants,
 affirming the judgment and decree of the Small Causes Court
 dated 20.4.2001, which stood affirmed by the Revisional Court,
 vide judgment and decree dated 13.5.2002. Civil Appeal
 No.630 of 2004 has been filed against the judgment and order B
 dated 25.2.2003, in Review Application No.206905 of 2002 of
 the High Court of Judicature at Allahabad, dismissing the review
 petition. In the aforesaid judgments, the courts below have held,
 that the relationship of a landlord and tenant did not exist
 between respondent nos.1 and 2 and the appellants.                 c
        2. Facts and circumstances giving rise to this appeal are
that:

      A. The dispute pertains to the ownership of shop no.53/
11 (old number) corresponding to its new number, i.e. 53/8, D
Nayayaganj, Kanpur Nagar. Janki Bibi (1st) daughter of Har
Dayal, was married to one Durga Prasad, son of Dina Nath.
Radhey Shyam was the adopted son of Durga Prasad, whose
son Shyam Sunder was married to Janki Bibi (2nd). Shyam
Sunder died in the year 1914. Thus, Radhey Shyam created a E
life interest in the property in favour of Janki Bibi (2nd), by way
of an oral Will, which further provided that she would have the
right to adopt a son only with the consent of Mohan Lal, the
grand son of Har Dayal. Gopi Krishan, the great grand son of
Mohan Lal, claims to have been adopted by Janki Bibi (2nd), F
with the consent of Mohan Lal, and as regards the same, a
registered document was also prepared.

      B. Gopi Krishan filed a Regular Suit No.45 of 1956 against
Smt. Janki Bibi (2nd) in the Court of the Civil Judge, Mohanlal
Ganj in Lucknow, seeking the relief of declaration, stating that G
Janki Bibi was only a life estate holder in respect of the
properties shown in Schedule 'A', and that further, she was not
entitled to receive any compensation or rehabilitation grant
bonds with respect to the village Nawai Perg, Jhalotar Ajgain,
                                                                    H
    404     SUPREME COURT REPORTS                [2013] 5 S.C.R.


A   Tehsil Hasangunj, District Unnao. He stated all this, while
    claiming himself to be her adopted son.

        C. Janki Bibi (2nd) contested the suit, denying the
    aforesaid adoption. However, the suit was decreed vide
    judgment and decree dated 23.4.1958, holding that while Smt.
8
    Janki Bibi (2nd) was in fact the life estate holder of Radhey
    Shyam's property, she was also entitled to receive the said
    compensation, in respect of the property in question herein.

         D. The suit shop was under the tenancy of one Shri Badri
C   Vishal. However, Janki Bibi (2nd) transferred the same in
    favour of the appellant's mother Smt. Ram Kumari, wife of Shri
    Sadri Vishal, vide registered sale deed dated 7.5.1974. The
    said tenant, Shri Badri Vishal died on 23.1.1986, and the
    tenancy was hence inherited by the appellants. They thus,
D   continued to pay rent to the vendee Smt. Ram Kumari. Smt.
    janki Bibi (2nd) died on 27.2.1996.

         E. Respondent no.1 Gopi Krish=1n. filed SCC Suit No. 77
    of 1989 on 21.2.1989, alleging that the c:ipp!:!llants had
E   defaulted in making the payment of rent, and that a sum cf
    Rs.2,768.62 was outstanding against them, as rent payable
    between the time period 17.2.1986 to 13.8.1988, and also
    damages for the period 14.8.1988 to 21.2.1989, amongst
    other amounts due. During the pendency of the suit, Shri Gopi
F   Krishan respondent no.1, sold the said suit property to Smt.
    Vidyawati Rathaur respondent no.2, vide registered sale deed
    dated 3.8.1989. In view thereof, respondent no.2 got herself
    impleaded as plaintiff no.2 in Suit No.77 of 1989.

         F. The appellants contested the suit on various grounds,
G   claiming themselves to be the owners of the property on the
    basis of a sale deed. Smt. Vidyawati Rathaur respondent no.2,
    also filed Suit No.792 of 1995 before the Civil Court, Kanpur,
    seeking permanent injunction, restraining the appellants from

H
                406. ,' SUPREME COURT REPORTS                   [2013] 5 S.C.R.


           A    permissible in collateral proceedings; as the issue of title can
                be adjudicated upon, only by the Civil Court. Moreover, the
                judgment and order dated 23.4.1958 could not be given effect,
                in view of the provisions of Section 14(2)'of the Hindu
                su·ccession Act, 1956 (hereinafter referred to as the 'Act,
           B    1956'). Therefore, the appeal deserves to be allowed.

                       4. ·Per contra, Shri Rakesh Dwivedi, l!larned senior
                counsel and Shri Arvind Kumar, learned counsel, appearing for
                the respondents; have opposed the appeals,· contending that
                the courts below have not touched' upon or determined the issue
           c    of title. It was necessary for the courts below, to rely upon the
                said judgment and decree dated 23.4.1958, wherein it was
                categorically held that Smt. Janki Bibi (2nd) was a life estate
                holder, and that as she had not acquired absolute title over the
                propeftY, the sale deed executed by her in favour of Smt. Ram
    1'i
           D    Kumari, was null and void. The said judgment and decree dated
    i\          23.4.1958, was also relied upon in collateral proceedings,
    i,!!
                wherein-smt. Ram Kumari, mother of the appellants and
    "il         vendee in the sale deed dated 7.5.1974, had taken several
    ,,
      I         pleas, all of which were rejected, and such findings have been
    .,i    fE   affirmed by the High Court. Thus, the appeal has no merit, and
    ;1,


                is hence, liable to be dismissed.

                   · 5. We ·have considered the rival· submissions made by
                learned counsel for the parties, arid perused the record .
            F                             •
                     6. In Shivdev Kaur (D) by L.Rs. & Ors. v. R.S. Grewal
                (Civil Appeal Nos.5063-5065 of 2005, decided on 20.3.2013),
                this Court dealt with the issue of Section 14(2) of the Act 1956
                and held:-

           G         '7hus, in view of the above, the law on the issue can be
                     summarised to the effect that if a Hindu female has been
                     given only a "life interest~ through Will or gift or any other
                   · document referred.to in Section 14 of the Act 1956, the
-                    said rights would not stand crystallised into the absolute
~.         H         ownership as interpreting the provisions to the effect that



i                                                                                     I
    406      SUPREME COURT REPORTS                    [2013] 5 S.C.R.


A   permissible in collateral proceedings, as the issue of title can
    be adjudicated upon, only by the Civil Court. Moreover, the
    judgment and order dated 23.4.1958 could not be given effect,
    in view of the provisions of Section 14(2) of the Hindu
    Succession Act, 1956 (hereinafter referred to as the 'Act,
B   1956'). Therefore, the appeal deserves to be allowed.

         4. Per contra, Shri Rakesh Dwivedi, learned senior
  counsel and Shri Arvind Kumar, learned counsel, appearing for
  the respondents, have opposed the appeals, contending that
  the courts below have not touched upon or determined the issue
C of title. It was necessary for the courts below, to rely upon the
  said judgment and decree dated 23.4.1958, wherein it was
  categorically held that Smt. Janki Bibi (2nd) was a life estate
   holder, and that as she had not acquired absolute title over the
   property, the sale deed executed by her in favour of Smt. Ram
D Kumari, was null and void. The said judgment and decree dated
  23.4.1958, was also relied upon in collateral proceedings,
   wherein Smt. Ram Kumari, mother of the ::in"~::.:ints and
  yendee in the sale deP-':! ':'.:;:~~ 7.5.1974, had ...t~ken several
               or
   p:e:ii~; ~ii which were rejected, and such findings have been
E affirmed by the High Court. Thus, the appeal has nc merit, and
   is hence, liable to be dismissed.

         5. We ·have considered the rival submissions made by
    learned counsel for the parties, and perused the record.
F        6. In Shivdev Kaur (DJ by L.Rs. & Ors. v. R.S. Grewal
    (Civil Appeal Nos.5063-5065 of 2005, decided on 20.3.2013),
    this Court dealt with the issue of Section 14(2) of the Act 1956
    and held:-

G         ''Thus, in view of the above, the law on the issue can be
          summarised to the effect that if a Hindu female has been
          given only a "life interest'~ through Will or gift or any other
          document referred to in Section 14 of the Act 1956, the
          said rights would not stand crystallised into the absolute
H         ownership as interpreting the provisions to the effect that
RAMJI GUPTA & ANR. v. GOPI KRISHAN AGRAWAL 407
      (D) & ORS. [DR. B.S. CHAUHAN, J.]
    she would acquire absolute ownership/title into the               A
    property by virtue of the provisions of Section 14(1) of the
    Act 1956, the provisions of Sections 14(2) and 30 of the
    Act 1956 would become otios.

    Section 14(2) carves out an exception to rule provided
                                                                      8
    in sub-section (1) thereof, which clearly provides that if a
    property has been acquired by a Hindu female by a Will
    or gift, giving her only a "life interest", it would remain the
    same even after commencement of the Act 1956, and
    such a Hindu female cannot acquire absolute title."
                                                                      c
      While deciding the said issue, this Court has placed
reliance upon various previous judgments of this Court, including
Mst. Karmi v. Amru & Ors., AIR 1971 SC 745; Navneet Lal
@ Rangi v. Gokul & Ors., AIR 1976 SC 794; Sadhu Singh v.
Gurdwara Sahib Narike & Ors., AIR 2006 SC 3282; and Jagan             D
Singh (Dead) Through LRs. v. Dhanwanti & Anr., (2012) 2
sec 628.
     (See also: Muniananjappa & Ors. v. R. Manual & Anr.,
AIR 2001 SC 1754; Sharad Subramanyan v. Soumi                         E
Mazumdar & Ors., AIR 2006 SC 1993; and Gaddam
Ramakrishnareddy & Ors. v. Gaddam Ramireddy & Anr.,
(201 O) 9 sec 602).

      7. In order to operate as res judicata, the finding must be
such, that it disposes of a matter that is directly and               F
substantially in issue in the former suit, and that the said issue
must have been heard and finally decided by the court trying
such suit. A matter which is collaterally or incidentally in issue
for the purpose of deciding a matter which is directly in issue
in the case, cannot be made the basis for a plea of res judicata.     G
A question regarding title in a small cause suit, may be
regarded as incidental only to the substantial issue in the suit,
and therefore, when a finding as regards title to immovable
property is rendered by a Small Causes Court, res judicata
cannot be pleaded as a bar in the subsequent regular suit, for        H
    408         SUPREME COURT REPORTS               [2013] 5 S.C.R.


A the determination or enforcement of any right or interest in the
  immovable property. (Vide: Dhulabai etc. v. State of M.P. &
  Anr., AIR 1969 SC 78; Smt. Gangabai wlo Rambilas Gilda v.
  Smt. Chhabubai wlo Pukharajji Gandhi, (1982) 1 SCC 4; Life
  Insurance Corporation of India v. Mis. India Automobiles &
B Co. & Ors., AIR 1991 SC 884; and Rameshwar Dayal v. Banda
  (Dead) through His L.Rs. & Anr. (1993) 1 SCC 531).

      8. In Nirmal Jeet Singh Hoon v. lrtiza Hussain & Ors.,
  (2010) 14 SCC 564, this Court has held, that the Small Causes
  Court has no right to adjudicate upon the title of the property,
C as Section 23 of the Provincial Small Cause Courts Act, 1887
  (hereinafter referred to as the Act, 1887) reads:

          "Return of plaints in suits involving questions of title-(1)
          NotWithstanding anything in the foregoing portion of this
D         Act, when the right of a plaintiff and the relief claimed by
          him in a Court of Small Cause depend upon the proof
          or disproof of a title to immovable property or other title
          which such a Court cannot finally determine, the Court
          may at any stage of the proceedings return the plaint to
E         be presented to a Court having jurisdiction to determine
          the title.

          (2)    xx    xx              )()(             xx"

          (Emphasis added)
F
       Thus, it is evident from the above, that the Small Causes
  Court cannot adjudicate upon the issue of title. In the instant
  case therefore, the trial court has rightly refused to go into such
  issue, and neither can any fault be found with the findings
G recorded by the courts below in this regard. Furthermore, as it
  is an admitted fact that defendant nos.1 and 2 were tenants of
  the original plaintiffs, the question of title could not be
  adjudicated at the behest of the appellants under any
  circumstance.
H
RAMJI GUPTA & ANR. v. GOPI KRISHAN AGRAWAL 409
       (D) & ORS. [DR. B.S. CHAUHAN, J.]
     9. While dealing with the provisions of Section 23 of the         A
Act, 1887, this Court in Budhu Mal v. Mahabir Prasad & Ors.,
AIR 1988 SC 1772 held, that a question of title could also be
decided upon incidentally, and that any finding recorded by a
Judge, Small Causes Court in this behalf, could not operate as
res judicata in a suit based on title.                                 B

     Furthermore, the procedure adopted in the trial of a case
before the Small Causes Court is summary in nature. Clause
(35) of Schedule II to the Act 1887, has made the Small Causes
Court a court of limited jurisdiction. Certain suits are such, in      C
which the dispute is incapable of being decided in a summarily.

     10. We have further examined the record of the case, and
the Court of Small Causes, while determining the issues
involved therein, has taken note of the result of the earlier Suit
No.45 of 1956, decreed vide judgment and decree dated                  D
23.4.1958, and also of the Execution Appeal No.64 of 1965,
in the matter of Smt. Bibi Devi v. Janki Bibi, wherein it was held,
that Janki Devi (2nd), being a life estate holder had no right to
transfer the property. In Execution Appeal No.64 of 1965, Smt.
Ram Kumari, mother of the appellants was made a party,                 E
however, so far as the issue of title by the courts below is
concerned, the trial court held as under:

     "This court cannot determine the question relating to
     proprietary right/ownership of the parties. On this point, this
                                                                       F
     court has limited jurisdiction to decide as to whether there
     exists the relationship of house-owner and tenants in
     between the parties or not. As per the judgment passed
     by the competent court, Smt. Janakibibi had the right in
     the disputed property during her life time only. She had no
     right or authority to sale or transfer the disputed property.     G
     This court is bound to accept the aforesaid conclusion.
     Therefore, if Smt. Janakibibi has transferred the disputed
     property, contrary to her rights, to the defendant no. 4 - Smt.
     Ramkumari on 7th of May, 1974, then because of that, no
     rights are established to Smt. Ramkumari. Such document           H
    410      SUPREME COURT REPORTS                 [2013] 5 S.C.R.
                                                                        ·'

A         is a nullity and no legal cognizance can be taken in
          account."                  (Emphasis added)

          The said finding has been upheld by all the courts.

       11. We are not inclined to enter into the controversy
B regarding Section 34 of the Specific Relief Act, 1963, as it has
  been submitted that the remedy of declaration envisaged by
  the said provisions is not exhaustive, and that there can be a
  declaration even outside the scope of the said Section 34. In
  support of the said contention, submissions have been made
C on the basis of the judgments of this Court in Radha Rani
  Bhargava v. Hanuman Prasad Bhargava (deceased) thr.
  L.Rs. & Ors., AIR 1966 SC 216; and Mis. Supreme General
  Films Exchange Ltd. v. His Highness Maharaja Sir Brijnath
  Singhji Deo of Maihar & Ors., AIR 1975 SC 1810.
D
       12. In view of the above, we do not see any cogent reason
  to interfere with the impugned judgments. The appeal lacks
  merit and is accordingly, dismissed.

    C.A. No. 630 of 2004
E
        In view of the judgment in C.A. No.629 of 2004, no specific_,
    order is required in this appeal. It is accordingly dismissed.

    K.K.T.                                    Appeals dismissed.