KANWAR JAGAT BAHADUR SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) THE question for determination in these proceedings at this stage is the amount of court-fee which is to be paid by the appellant.

(2.) THE petitioner was the owner of a large' area of land out of which 1,699 bighas and 1 biswa in village Ralli was requistioned by the State of the Punjab on the 15th February 1951 and it was acquired on the 8th February 1s52. The compensation allowed to him by the Collector was Rs. 1,97,402/14/4 but the petitioner did not accept his to be adequate, therefore Mr. J. S. Bedl, District judge, Ambala, was appointed as an arbitrator under the Act. He enhanced the amount by Rs. 53,687/11/ -. Against this award the petitioner brought an 'appeal under Section 11 of Act XI of 1953 and his prayeris for enhancement of the amount of compensation by Rs. 2,68,274/5/ -. He has stamped his memorandum of appeal with Rs. 4/- under Schedule II Article 11 of the Courtfees Act. The State has filed cross-objections, but they have paid court-fee ad valorem, and by an order dated the 1st December 1954 I referred the question of courts fee to a Division Bench which has been heard by us.

(3.) UNDER the Punjab Requisitioning and Acquisition of Immovable Property Act, XI of 1953, assessment of compensation is provided for in section 8 and payment in section 9 of the Act. Appeals are provided in Section 11; The relevant portion of this section is-