PADMALOCHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal directed, against the judgment and decree of the Additional District Judge No. 1, Jaipur City, by which the suit of the appellants claiming interest in the sum of Rs. 76,500/ - was dismissed.

(2.) THE office hag raised an objection that fixed court -fee in the sum of Rs. 300/ - is inadequate, and ad valorem court -fee should have been paid on the amount claimed. We issued a notice to the learned Government Advocate and the Deputy Government Advocate appears in answer to it.

(3.) THE contention of the learned counsel for the appellant is that Section 46 of the Rajasthan Court -fees and Suits Valuation Act, 1961' (hereinafter to be referred to as 'the Act') is inapplicable inasmuch as the fee Payable under that section is on the difference of the amount awarded and the amount paid by wav of compensation under Land Acquisition Act whereas, his suit rests on tile foundation of Section 34 of the Jaipur Land Acquisition Act, 1943. He, therefore, submits that it is Section 45 which applies and he has paid the correct court -fee in the sum of Rs. 300/ - as provided by Section 45(v) of the Act.