MERCY ROSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants in whose favour the Reference Court under the Land Acquisition Act granted a sum of Rs. 20,46,322.00 as enhancement of compensation, have challenged the decision of the Land Acquisition Court in this appeal. The appeal is valued at Rs. 54,12,235.00. The court fee payable under Section 51 of the Kerala Court Fees And Suits Valuation Act, 1959 (hereinafter referred to as the Act ) is shown as Rs. 2,93,915.00. At the time of filing the appeal, only a sum of Rs. 10/- was paid as court fee. The Registry returned the appeal as defective on the ground of insufficiency of court fee.

(2.) The appellants submitted that they have filed an application along with the appeal to allow them to set off the court fee payable in the appeal against the admitted compensation amount due from the Government as per the award under challenge passed by the Land Acquisition Court.

(3.) The question to be decided at this stage is whether the appellants are entitled to claim such set off as prayed for in the application and to prosecute the appeal with out paying the requisite court fee.