SRUNGURI LAKSHMINARAYANA RAO Vs. REVENUE DIVISIONAL OFFICER KAKINADA

JUDGEMENT

(1.) In these three appeals (C.M.As. 314/1962 and 63 and 64 of 1963) which have been preferred under Section 11 of the Requisitioning and Acquisition of Immoveable Property Act, XXX of 1952, against the award of the Court of the Arbitrator (District Judge), East Godavary, the appellants valued the appeals at Rs. 21,871.00. Rs. 576.00 and Rs. 1056.00 respectively and paid Court-fee under Article 11 of Schedule II of the Court Fees Act of 1870 (as amended) treating the appeals as appeals against orders. The office raised an objection that the appellants have to pay ad valorem Court-fee under Schedule 1, Article 1 on the amounts of Rs. 21,871.00-. Rs. 576.00 and Rs. 1056.00 respectively after deducting the court-fee already paid.

(2.) Learned counsel for the appellants. Shri P. Suryanarayana and Shri M. Suryanarayana murthy, contend that the office note cannot be accepted and that the court-fee paid is proper. As this matter related to the payment of Court-fee, notice was given to the Government Pleader.

(3.) The point that arises for determination is whether the appellants should pay ad valorem Court-fee on the additional amount claimed by the appellants or whether they are liable to pay only fixed Court-fee under Article 11, Sch. II of the court-fees Act. The learned counsel for the appellants relying on the case of Dodhla Malliah v. State of Andhra Pradesh, AIR 1964 Andhra Pradesh 216; Kanwar Jagat v. Punjab State, AIR 1957 Punj 32; Debi Din v. Secy. of State, AIR 1939 All 127 and Hirji Virji v. Govt. of Bombay, AIR 1945 Bom 348, contended that the Court-fee payable would only be as provided under Article 11 of Schedule II of the Court-fees Act, whereas the contention of Shri Shankar Rao, learned Government Pleader, is that the Court-fee payable would be under Article 1 of Schedule I of the Court-tees Act. In this connection the learned Government Pleader has relied on the cases of In re: Ananda Lal, AIR 1932 Cal 346 and Satya Charan v. State of West Bengal, AIR 1959 Cal 609.