N THYAGARAJU Vs. UNION OF INDIA

JUDGEMENT

(1.) The question in these two masters is as to the correct mode of computation of Court fee, payable on the memorandum of appeal. The appeals have been presented against awards made by the Arbitrator functioning under the Requisitioning and Acquisitioning of Immoveable Property Act claiming that higher compensation than what has been awarded by him should have been awarded to the appellants.

(2.) The appellants contend that only fixed Court fee is payable under Clause (iii) of Art.3 of Sch.II of the Mysore Court Fees and Suits Valuation Act, 1958.

(3.) The matter is governed by S.48 of the said Act according to which the Court fee payable on a memorandum of appeal against any decision, award or order relating to compensation under any Act for the time being in force for acquisition of property for public purpose shall be computed on the difference between the amount awarded by the Arbitrator and the amount claimed by the appellant.