RAM JI LAL Vs. MURLI DHAR

JUDGEMENT

(1.) In regular Second Appeal No. 305 of 1967, Ramji Lal v. Murli Dhar, an objection is taken on behalf of the respondent that the memorandum of appeals is not properly stamped as instead of the fixed court fee- Rs. 19.50Ps., the appellant should have paid ad valorem court fee on the amount of the compensation to which he lays claim.

(2.) The appeal has raised out of the reference made under section 30 of the Land Acquisition Act, in which the Additional Distric Judge, Gurgaon, gave his award on the 18th November, 1967, rejecting the claim of Ramji Lal appellants and other for compensation and holding that the compensation in respect of the Land was not to be paid to them as surplus allottees but to Murli Dhar and other, owners of the acquired land. This finding is being disputed in this appeals and it is asserted that the compensation has been wrongly denied to the appellants. A prayer is made that the finding of the learned Additional Distric Judge be set aside and the amount of compensation be awarded to the appellants and not to the respondent Murli Dhar.

(3.) Though besides objecting to the sufficiency of the court fee, the respondents has also objecting to the sufficiency of the court fee, the respondent has also objecting that the necessary parties have not been impleaded, the latter objection has not been pressed before us and thus the only question that arises for our consideration at present is whether the memorandum of appeal is properly stamped.