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1986 Supreme(SC) 317

E.S.VENKATARAMIAH, V.KHALID
C. G. Ghanshamdas – Appellant
Versus
Collector Of Madras – Respondent


Advocates:
A.V.RANGAM, Abdul Khader, D.N.Mishra, J.P.Verghese, SOLI J.SORABJI, T.V.RATNAM

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






























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