FATEHCHAND Vs. LAND ACQUISITION AND REHABILITATION OFFICER

JUDGEMENT

(1.) HEARD.

(2.) OFFICE has raised an objection that the appellant is required to make payment of Court fee ad valorem, while the appellant has paid fixed Court fee rs. 1,50,000/- claiming benefit of the Court Fees (Madhya Pradesh amendment) Act No. 6/2008 (hereinafter referred to as 'amendment Act' for short ).

(3.) LEARNED Counsel for appellant submitted that by the Amendment act a maximum Court fee on appeal has been fixed at Rs. 1,50,000/-, as per section 3 amending Schedule I Clause 1-A providing maximum Court fees and the office objection that the appellant should make payment of ad valorem court fee is not correct. He has placed reliance to the Apex Court judgment in lakshmiammal Vs. KM. Madhavakrishnan and others, AIR 1978 SC 1607, and submitted that where there is doubt in respect of payment of Court fee benefit must go to the subject. In the present case, when there is a doubt in respect of payment of Court fees, the appellant is entitled for benefit of the Amendment act. It is submitted that the office objection be repelled and the appellant be permitted to prosecute this appeal at a fixed Court fee of Rs. 1,50,000/ -.