Anantakirshna Ayyar, J.

1. The question that has been referred to me is whether an appellant whose lands were acquired under the Land Acquisition Act (1 of 1894), but who, being dissatisfied with the amount of compensation awarded to him by the Court on a reference made to it under Section 18 of the Act, appeals to the High Court, is bound to include in the valuation of his appeal the amount of 15 per cent of the excess market value, and pay court-fee thereon, or whether he is entitled to value his appeal only at the excess market value claimed by him and pay court-fee on that amount only, while insisting in case of success in the appeal that he should be decreed not only the excess market value claimed by him but also 15 per cent on the same.

2. The answer to this question turns on the proper construction to be placed on Section 8, Court-fees Act. Section 8 runs in these terms:

The amount of fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the acquisition of land for public purposes shall be computed according to the difference-between the amount awarded and the amount claimed by the a