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1966 Supreme(Raj) 252

KAN SINGH
C. Alexander – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
N.M. Kasliwal, for Appellant; B.C. Chatterji, Dy. Government Advocate, for State

KAN SINGH, J.—This is an appeal under Sec. 54 of the Rajasthan Land Acquisition Act against the judgment of the learned District Judge, Jaipur City dated 4.5.66 and the award of the Addl. Collector, Jaipur dated 31.7.63.

2. The short question which arises for determination at present is whether the appellants are liable to pay ad volerm court fee on the amount claimed by them in this appeal.

3. It is urged by the learned counsel for the appellants that his case is covered by Art. 3, schdl. II of the Rajasthan Court Fees and Suit Valuation Act, 1961. The office has reported on the contrary that the appellant, has to pay ad valorem court fee under Sch. I, Art. 1 of the said Act. The view expressed by the office is supported by the learned Dy. Government Advocate.

4. We have heard learned counsel for both the parties and in our opinion the view taken by the office is correct. It is conceded by the appellants learned counsel that the award given by the Addl. Collector amounts to a decree according to Sec. 26 of the Rajasthan Land Acquisition Act, 1953, which expressly provides that "every such award shall be deemed to be a decree and the statement of the grounds of every such award a judg


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