GOVINDARAJULU Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal under S.11 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred to as the Requisitioning Act), from an Arbitrator's award of compensation for land requisitioned under S.29 of the Defence of India Act, 1962. The appellant who has sought for enhancement of the compensation, has paid a CourtFee of Rs.15 only on the memorandum of appeal. The office of this Court raised an objection that ad valorem court fee should be paid on the amount of enhancement of compensation claimed in appeal. But the appellant maintained that the court fee paid by him was adequate.

(2.) A notice had been issued to the Second Addl.Govt.Advocate. He was represented by the learned Govl. Pleader who has supported the objection raised by the office.

(3.) In Thyagaraju v. Union of India (1973) 2 Mys.L.J. 387. a Bench of this Court ruled that court fee payable in an appeal under S.ll of the Requisitioning Act, is governed by S.48 of the Karnataka Court Fees and Suits Valuation Act, 1958 (hereinafter referred to as the Karnataka Court Fees Act), and that court for should be computed on the difference between the amount claimed by the appellant and the amount awarded by the Arbitrator. That was also a case of requisitioning and not a case of acquisition of immovable property.