B. N. BANERJEE, J.

( 1 ) THIS is a reference under Section 5 of the Court-fees Act.

( 2 ) THE Registrar of the Appellate Side of this Court, as the Taxing Officer, referred two questions for consideration, on the ground that they were matters of general importance, viz. , :--"i. If the question, whether acquisition was made for public purposes or not should be gone into, in computing Court fees under Section 8 Court fees Act, in an appeal against an order of the Arbitrator appointed under Act XXX of 1952. II. Whether fixed Court-fee is payable under Schedule II, Article 11 of the Court-fees Act in an appeal against the order of the Arbitrator, in view of the Bombay decision reported in Hirji Virji Jangbari v. Govt. of Bombay, AIR 1945 Bom 348. "

( 3 ) THE circumstances giving rise to the above two questions may be summarised as hereinbelow :

( 4 ) TWO plots of land were requisitioned for military purposes under Sub-rule (1) of Rule 75a of the Defence of India Rules. On the expiry of the Defence of India Act, 1939 the lands in dispute continued to remain under requisition, at first under the provisions of the Requisitioned Land (Continuance of Powers) Ordinance 1946, (Ordinance XI

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