- (1.) THE present matter relates to the determination of proper court-fees in an appeal under section 54 of the Rajasthan Land Acquisition. Act from the decision of the District Judge, Jaipur City, on a reference under section 30 of the Jaipur land Ac-quisition Act.
(2.) A certain property, known as Hakim Martin's house, situated on the east side of the Amer Road in Jaipur City, was desired to be acquired under the Jaipur Land acquisition Act. The Land Acquisition Officer fixed Rs. 10,883/12/- to be the proper compensation for acquisition, but he could not decide the relative claims of the various claimants. Hakim Martin s/o Guston De Silva as Tihai of the family claimed the whole amount for himself by explaining that the other claimants were living in the house with, his permission by way of grace. The other claimants Martin De silva II. Louis De Silva, Zavier De Silva, Angelo De Silva, and James Michael urged that they were entitled to certain shares according to their shares in the Jagir or their possession of the portion of the house. The Land Acquisition Officer by order dated 15th February, 1945, referred the dispute as to apportionment of the compensation to the District Judge under section 30 of the Jaipur Land Acquisition act 1943. That section is substantially the same as section 30 of the Rajas than land Acquisition Act, 1953. The District Judge, Jaipur City, by an order of 11th november 1954, held Hakim Martin De Silva son of Guston De Silva and Martin De siiva II son of Shavier De Silva entitled to one-fourth share each, while, Zavier De silva, Angelo De Silva and James Michael De Silva entitled to get the remaining half share in equal proportions. In the concluding portion of his order he declared that "parties Nos. 1 and 2 will each get 1/4th of the compensation amount, i. e. , Rs. " 2720/15/- each, while the remaining three claimants included in party No. 3 will get the remamining half in equal shares of Rs. 1813/15/4 each. " martin De Silya son of Gustin De Silva has filed this appeal claiming the entire amount for himself. He paid a court-fee of Rs. 10/ -. The office reported that he should pay ad valorem court-fee on Rs. 8162/13/ -.
(3.) NOTICE was given to the respondents and the Government Advocate.;