CUSTODIAN OF EVACUAL PROPERTY Vs. DARYODH SINGH

JUDGEMENT

(1.) The question arising for decision in this appeal is the same as in R.F.A. Nos, 127, 142, 143, 144, 145 and 146 of 1970 in which the appellants are represented by Shri Ramesh Chander while the Union of India is represented in all the appeals by Shri Devinder K. Kapur. The other respondents in all the appeals are not represented by any counsel except in R.F.A. No. 344 of 1970 where Shri Daryodh Singh, respondent No. 1. alone is represented by Shri H. S. Tyagi. Although the question of Court fee in R.F.A. No. 344 of 1970 was raised by Shri H. S. Tyagi, the other appeals in which no such question was raised by the respondents, were also listed for hearing along with R.F.A. No. 344 of 1970, as the question was common to all the appear and if the decision went against the appellant, the same rule will apply to all the appeals.

(2.) With the consent of Shri R. L. Tandon who is a counsel for the appellant in R.F.A. No. 344 of 1970, Shri Ramesh Chander, who is a counset for the appellants in other appeals, was allowed to argue the point on behalf of the appellants while Shri H. S. Tyagi was allowed to argue the point on behalf of respondent No. 1.

(3.) All the appeals bear a court fee of Rs. 19.50 each. The Registry had raised an objection to the deficiency of court fee on the ground that the appeal in each case being from a decision of the Addl. District Judge under Section 30 of the Land Acquisition Act. 1894. each appeal should bear ad valorem court fee on the amount awarded by the lower court. The contention urged on behalf of the appellants in each case is that the relief sought by them is one of declaration to the extent that they alone are entitled to the entire compensation in respect of the land acquired by the Government to the exclusion of all the respondents impleaded in each appeal and as such the decision of the court below is not an award. The decision is merely an order on which a fixed court fee of Rs. 19.50 is payable under Schedule II Article 17(iii) of the Court Fees Act. The appeals were. therefore, placed before us for deciding the question of court fee only.