LEELAWATI Vs. STATE OF U P

JUDGEMENT

(1.) THE question for consideration in this First Appeal is as to whether the court fee is payable advalorem 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 of the 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 learned Counsel for the Appellant submitted that he is not liable to pay an advalorem court fee as reported by the office and placed reliance on Section 19(xxii) of the Court Fees Act. Section 19 exempts certain documents from payment of court fee and Sub -clause (xxii) provides as below: