Each claimant's claim in respect of their separate holdings constitutes a distinct and different cause of action, and therefore, court fee is payable on each claim separately under Section 6 (3) of the Andhra Court Fees and Suits Valuation Act 1956.

A. SAMBASIVA RAO, J.

( 1 ) THE question that falls for decision in these matters is whether Sec. 6 (3) of the Andhra Court fees and Suits Valuation act 1956 would apply to the facts and circumstances of these three proposed appeals

( 2 ) THE facts in so faj as the question of court fee is concerned are simple and beyond dispue. Separate plots belonging to various claimants were acquired by the State and separate and distinct amounts were awarded to the various claimants, towards compensation. There was, however, a single reference in each one of the three cases. The court also awarded specific sums towards enhanced compensation to the different claimants with respect to the differ rent plots of land belonging to them. Aggrieved by the Court s decision awarding enhanced compensations to the several claimants in respect of the different plots, the state of Andhra Pradesh has filed these proposed appeals. However, instead of paying court- fees separately on each item the State has sought to pay only court- fee in the consolidated sum of enhanced compensation in each case. The office objected to this consolidation and demanded court fee on the basis of the enhanced compensation with respect to each claimant since the learned Government pleader did not agree to pay court- fee as demanded, the question has been referred to me,

( 3 ) SINCE the Government is the appellant in the proposed appeals, I have requested Sri T. Veerabhadrayya to help the court as amicus curiae. He has taken great pains and has given me valuable assistance, for which I am thankful to himi

( 4 ) BEFORE I actually consider the scope of sec 6 (3) of the court fees and Suits Valuation Act I must refer to another incidental question that was referred to in the office note and was also argued before me. The offica note stated that Sec. 48 of the Act governs the proposed appeals. Sri Adinirayani Reddy appearing for the learned Government Pleader contendad that section 48 has no application Sri Veerabhadrayya also maintained that, though these are appeals, against orders relating to compensation, sec. 48 of the Act has no application to these appeals preferred by the state objecting to the enhanced compensation, for the reason that the application of sec. 48 is limited only to the appeals preferred by the claimant himself. He emphasised upon the words occurring in sec. 48. "the fee. . . . . . . . . . . . . . . . . shall be computed on the difference between thp amount awarded and the amount claimed by the appellant". The learned counsel argued that these appeals do not involve any amounts claimed by the appellant viz. the State of Andhra pradesh, they are only liable to pay the compensation; it is only the owner of the land that claims the compensation; therefore, that the appeals preferred by the State, which is liable to pay the compensation are not governed by Sec. 48* There is support for this view In re ASSISTANT COMMISSIONER OF LABOUR (3 ). It was a case which arose under Sec, 8 of the old Court fees Act which is practically analogous to the present section 48. Schwabe C. J. held in that case that Sec. 8 did not apply to apeals preferred by Government against awards by courts passed under the Land Acquisition act. Though this is an interesting question it is not necessary for the purpose of this reference to answer it because Sri Adinarayana reddy, as well as Sri Veerdbbadrayya are one in stating that the court fee should be computed on the basis of the difference between the amount awarded bv the Land Acquisition Officer under the award, and the amount of enhanced compensation granted by the lower court and that advalorem court fee should be paid on that difference under schedule I Art. (1) (c) of the Court fees Act. The only point in difference between the parties is whether that difference in both the amounts should be computed in respect of each claimant or on the basis of consolidating the difference between all the amounts granted to the different claimants by

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