MANJERI KOVILAKATH MANAVALLABHAN KARANAMULPAD MANJERI AND Vs. SUB COLLECTOR AND LAND ACQUISITION OFFICER MALAPURAM AND

JUDGEMENT

(1.) These court fee references under S.11 of the Kerala Court Fees and Suits Valuation Act, 1959 (referred to as the Kerala Act) raise a question of construction of S.51 of the said Act.

(2.) The point to be decided is whether the appellants are bound to include in their valuation of the appeals the statutory solatium of 15% on the market value which they are entitled to get under the Land Acquisition Act on the excess compensation claimed in the appeals and pay court fee thereon.

(3.) In the appeal filed against the award in L. A. R. 3 of 1967 on the file of the Sub Court, Kottayam, which gives rise to one of the references there is no prayer in the memorandum of appeal for grant of the solatium in case additional compensation is decreed by this Court. On the other hand, in the appeal filed against the award passed in L. A. O. P. 81 of 1966 on the file of the Sub Court, Kozhikode, -- the subject of the other reference - there is a prayer in the appeal memorandum for the grant of solatium along with the enhanced compensation claimed in the appeal. In the former appeal therefore the valuation of and payment of court fee for the appeal are correct even going by the decision in Brahmanandam v. Secretary of State, AIR 1930 Mad. 45 (57 MLJ 357). but we do not want to rest our decision on that ground.