- (1.) O. P. Saxena, J. The question for consideration in this First Appeal is as to whether the court-fee is payable ad valorem or a sum of Rs. 5/- paid by the appellant is sufficient.
(2.) THE appellant had filed a claim for Rs. 4,45,000/- before the District Judge, Pilibhit, under Section 18, Land Acquisition Act. THE claim was allowed partly for Rs. 47,600/ -. THE appellant has filed this appeal and has valued it on the difference which she now claims after deducting the amount allowed by the District Judge. She has valued the appeal at Rs. 2,88,789/ -. The appeal was first of all filed as F. A. F. O. but the appellant subsequently gave an application for necessary rectification in the Memo of Appeal. This application has been allowed today by a separate order. The learned counsel for the appellant submitted that he is not liable to pay an ad valorem court-fee as reported by the office and placed reliance on Section 19 (xxiii Court-fees Act. Section 19 exempts certain documents from payment of court-fee and sub-clause (xxii) provides as below : - "application for compensation under any law for the time being in force relating to the acquisition of property for public purposes. "
(3.) THE contention of the learned counsel for the appellant is that the appeal is a continuation of the suit and as no court-fee is payable on application for compensation, no court-fee is payable on a memorandum of appeal against an order awarding compensation. We have heard the learned counsel for the appellant and have gone through the relevant provisions of law. Section 53, Land Acquisition Act. provides as below: - "save in so far as they may be inconsistent with anything contained in this Act, the provisions of the Civil P. C. shall apply to all proceedings before the Court under this Act. " Section 54 of the said Act provides as below: - "subject to the provisions of the Civil P. C. , 1908, applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this Act to the High Court from the award, or from any part of the award, of the Court and from any decree of the High Court passed on such appeal as aforesaid an appeal shall lie to the Supreme Court subject to the provisions contained in Section 110 of the Civil P. C. , 1908, and in Order XLV thereof".;