Judgment

HEGDE, J.: This appeal by special leave, appears to have been brought as a test case. It arises from one of the l16 cross-objections filed in an appeal brought by the Special Deputy Collector, Ahmednagar to the High Court of Maharashtra, under section 11 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (Act 30 of 1952) (to be hereinafter referred to as the Act) against an award made by the arbitrator under S. 8 (1) of that Act. The controversy in this appeal is as to the relevant provision of the Bombay Court-fees Act, 1959 under which the court-fee is payable on the claim made in the memorandum of cross-objection. According to the appellant on the claim in question a fixed court-fee of Rs. 5 is payable under Art. 13 of Sch. II of the Bombay Court-fees Act, 1959 but according to the State ad valorem court-fee is payable on that claim in question either under Art. 1 or Art. 3 of Sch. I of that Act. The High Court has come to the conclusion that on the claim made by the appellant ad valorem court-fee is payable under Art. 3 of Sch. I of the Bombay Court-fees Act, 1959. The appellant challenges that conclusion.

2. Lands belonging to the appellant and severa