Judgment

VENKATARAMIAH

( 1 ) THE short question which arises for consideration in this appeal is whether under the Tamil Nadu Court-fees and Suits Valuation Act, 1955 (hereinafter referred to as the Act) the court-fee payable on a memorandum of appeal filed under section 11 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (Act 30 of 1952) (hereinafter referred to as the Requisitioning Act) should be computed in accordance with section 51 of the Act or a fixed court-fee is payable under the residuary provision that is Article 3 (iii) (A) (1) (a) of Schedule II to the Act.

( 2 ) THE appellants claim to be the co-owners of the land and building bearing Door No. 745 E. V. R. Periyar High Road (Poonamallee High Road), Kilpauk, Madras. The land along with the building standing thereon was originally requisitioned under the provisions of the Requisitioning Act for the purpose of accommodating the NCC Headquarters through the Collector of Madras. The above property was taken possession of on 9-2-1963. In order to fix the compensation for the period of five years beginning from 9-6-1963 to 20-2-1967, an Arbitrator was appointed. The Arbitrator by his award dated 5-1-1970 fixed the compensation at Rs. 6,000. 00 per month and the compensation was being paid accordingly.

( 3 ) AT this stage it is necessary to refer to the history of the Requisitioning Act. The power to requisition and to acquire immovable property for a public purpose was first provided in the Defence of India Act, 1939 which expired on the 30/09/1946. It was, however, found necessary to retain some of the properties for a longer period in the occupation of the Government. Therefore, it was provided in the Requisitioned Land (Continuance of Powers) Act, 1947 that any property which had been requisitioned under the Defence of India Act, 1939, would continue to remain under requisition. Subsequently, the Requisitioning and Acquisition of Immovable Property Act, 1952 that is the Requisitionigng Act with which we are concerned in this case was passed in the year 1952 to confer powers on the Government in this regard. The Act was initially to operate for a period of six years but its duration was extended from time to time. The Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1970 made the Requisitioning Act a permanent measure but restricted the period for which a requisitioned property could be retained under requisition to three years from the commencement of the above said Amendment Act in the case of properties requisitioned before such commencement and in the case of any other property requisitioned after such commencement to three years from the date on which possession of such property was surrendered or delivered to or taken by the competent authority under section 4 of the Requisitioning Act. Thus properties requisitioned before the commencement of the said Amendment Act could be retained under requisition up to the 10/03/1973. A large number of properties requisitioned under the Requisitioning Act could not be released by the said date and the maximum period for which properties could be kept under continued requisition was extended for a further period of two years by the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1973. A number of properties requisitioned under the Requisitioning Act were still in possession of the Ministry of Defence and also some other Ministries. Although the Government was expeditiously implementing the policy of acquiring or de-requisitioning the requisitioned properties, a large number of them were expected to be needed by the Government even after the 10/03/1975 for public purposes. On many of the properties valuable constructions of a permanent nature connected with the national defence or the conduct of military operations or other important public purposes had been put up. Due to financial stringency, it was not possible either to acquire the properties or take up large s