1974 Supreme(Mad) 196
N.S.RAMASWAMI
M. Ramachandran and others. – Appellant
Versus
State of Madras represented by the Collector of Coimbatore – Respondent
Advocates:
S. Palaniswami, for Appellant.
Additional Government Pleader, for Respondent.
Order.- The question that arises is whether in this appeal under section 11 of the Madras Requisitioning and Acquisition of Immoveable Property Act, 1956 (hereinafter referred to as the Requisitioning Act), ad valorem Court-fee is payable on the difference between the amount awarded and the amount claimed by the appellant as per section 51 of the Madras Court fees and Suits Valuation Act, 1955 (hereinafter referred to as the Madras Act), or, whether only fixed Court-fee under Article 3 of Schedule II of the said Act is payable. Agricultural lands belonging to the appellant, whose appeal is yet to be numbered, have been acquired under the Requisitioning Act. Under section 8 (1) (b) of the Requisitioning Act, the District Judge, Coimbatore,came to be appointed Arbitrator to determine the compensation payable in respect of the said lands. The Arbitrator has fixed the total compensation at Rs. 1,14,324-45 but the appellant claimed a total compensation of Rs. 5,82,222-00. The value of the Civil Miscellaneous Appeal shown in the memorandum of appeal is the difference between the abovesaid two sums, and that is, Rs. 4,67,897-55. But only a fixed Court-fee of Rs. 10 has been paid. No provi
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