LEELAWATI Vs. STATE OF U P

JUDGEMENT

(1.) O. P. Saxena, J. The question for consideration in this First Appeal is as to whether the court-fee is payable ad valorem or a sum of Rs. 5/- paid by the appellant is sufficient.

(2.) THE appellant had filed a claim for Rs. 4,45,000/- before the District Judge, Pilibhit, under Section 18, Land Acquisition Act. THE claim was allowed partly for Rs. 47,600/ -. THE appellant has filed this appeal and has valued it on the difference which she now claims after deducting the amount allowed by the District Judge. She has valued the appeal at Rs. 2,88,789/ -.

(3.) THE contention of the learned counsel for the appellant is that the appeal is a continuation of the suit and as no court-fee is payable on application for compensation, no court-fee is payable on a memorandum of appeal against an order awarding compensation.