MUNISHAMAPPA Vs. CHIKKALAGUMAIAH

JUDGEMENT

(1.) This memo is filed by the learned counsel for the appellants stating that, appellants have not paid any court fee before the Trial Court as the reference was pertaining to apportionment of compensation under Section 30 and 31 of Land Acquisition Act and not under Section 18 of the said Act and therefore, they need not pay any court fee under section 49 of the KCF and SV Act. Further, he submitted that, as per the said section, the appellants have to pay the court fee on the memorandum of appeal whatever the court fee paid at the first instance of the Court since the appellants have not paid any court fee before the first instance Court, they need not pay any court fee, however, the court fee of Rs. 20/- paid as per Schedule II, Article 3(II)(1)(a) of the KCF & SV Act.

(2.) Further, learned counsel for the appellant has stated in the memo that, claimant Nos. 2, 5.6 and 7 also claimed the compensation and the same was dismissed. The claimant Nos. 2.6 and 7 though appeared before the Trial Court, have not claimed any compensation and the claimant. No. 5 claimed the compensation on the ground that he was the agreement holder. The Trial Court dismissed their claim and they have not challenged the same in the appeal to the knowledge of the appellants. Further it is stated that appellants have not claimed any relief against the claimants and hence, they are not made as party to this appeal.

(3.) We have heard learned counsel for the appellants and learned counsel for respondents.