B.P.BERI, J. - (1.) THIS is an appeal directed, against the judgment and decree of the Additional District Judge No. 1, Jaipur City, by which the suit of the appellants claiming interest in the sum of Rs. 76,500/ - was dismissed.
(2.) THE office hag raised an objection that fixed court -fee in the sum of Rs. 300/ - is inadequate, and ad valorem court -fee should have been paid on the amount claimed. We issued a notice to the learned Government Advocate and the Deputy Government Advocate appears in answer to it. Some facts of this dispute might be recaptulated to appraise the scope of the controversy. The State of Rajasthan acquired in the year 1949 -50 a parcel of land situate in Bhojpura near Gandhi Nagar area in Jaipur. Its compensation in the sum of Rs. 80,000/ - was determined by the Revenue Department on 14 -8 -1951 and it was in point of fact also sanctioned on that date but the amount was paid to Shri Praduman Ojha father of the plaintiffs by the State on 7 -1 -1965. The plaintiffs, therefore, claimed, using the plaintiffs' own expression, 'interest by wav of damages' for a period of three years and five months at the rate of 6% per annum amounting to Rupees 64,000/ -. They have further claimed interest by way of damages from 7 -1 -1965 till the filing of the suit amounting to Rs. 12,100/ -. making a tidy total of Rupees 76,500/ -. The plaintiff paid ad valorem court -fee in the Court of the learned Additional District Judge No. 1, Jaipur City. The State contested the suit. The learned Judge dismissed the suit on grounds with which we are not concerned at present. The plaintiffs have now come up in appeal.
(3.) THE contention of the learned counsel for the appellant is that Section 46 of the Rajasthan Court -fees and Suits Valuation Act, 1961' (hereinafter to be referred to as 'the Act') is inapplicable inasmuch as the fee Payable under that section is on the difference of the amount awarded and the amount paid by wav of compensation under Land Acquisition Act whereas, his suit rests on tile foundation of Section 34 of the Jaipur Land Acquisition Act, 1943. He, therefore, submits that it is Section 45 which applies and he has paid the correct court -fee in the sum of Rs. 300/ - as provided by Section 45(v) of the Act.;