GHOUSE SAHEB Vs. SHARIF ABI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of the Civil Judge, Bellary made in Land Acquisition Case No.86 of 1972 on a reference made under Section 31(2) of the said Act.

(2.) The appellant has paid a fixed court-fee of Rs.10 under Art.3, (iii) (1) (a) of Schedule II of the Karnataka Court-Fees and Suits Valuation Act, 1958 (shortly called "the Court-Fees Act"). The Office has refused to register the appeal on the ground that the court-fee paid was insufficient and the appellant ought to have paid court-fee under Sec.48 read with Art.l of Sch.I of the Court-Fees Act. The appellant on the other hand, contended that the matter involved in the appeal being limited only to the apportionment of the compensation awarded, Section 48 has no application.

(3.) The decision on these contentions turns on the scope of Ss.48 & 49 of the Court Fees Act and the scheme provided thereunder. It will be, therefore, convenient to refer to the relevant provisions of the Court- Fees Act. S.4 which is a charging section, provides levy of fee on docu ments in Courts and public offices. S.20 provides how fee payable under the Court-Fees Act shall be determined or computed. It states that such determination shall be in accordance with the provisions of Chapter IV, Chapter VI, Chapter VIII and Schedules I and II. Sees.21 to 47 falling under Chap.IV deal with different kinds of suits and provide the manner of computation of fees. Secs.50 and 51 provide for valuation of suits not otherwise provided for in the said section. Ss.48 and 49 are the only two sections providing for payment of fee on memorandum of appeals.