Judgement 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/-. 3. 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. 4. 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." 5. 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. 6. We have heard the learned counsel for the appellant and have gone through the relevant provisions of law. Section 53, Land Acquisition Act.
6. 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". 7. It is obvious that an appeal in a reference under Section 18, Land Acquisition Act, is filed in accordance with the procedure applicable to the appeals from original decrees. 8. Section 8, Court-fees Act provides as below: - "Fee on memorandum of appeal against order relating to compensation. The amount of fee payable under this Act on a memorandum of appeal against an order relating to compensation under, any Act for the time being in force for the acquisition of land for public purposes or against an award made by a tribunal constituted under the United Provinces Town Improvement Act or any other similar Statute shall be computed according to the difference between the amount awarded and the amount claimed by the appellant." 9. Section 8, Court-fees Act, provides for the determination of the amount on which court-fee is payable on a memorandum of appeal against an order relating to compensation. In the absence of any specific article in Schedule I of the Court-fees Act for payment of court fee in such appeal court fee will be payable ad valorem under Article 1 of Schedule I. The appellant has thus to pay ad valorem court fee on the difference of the amount of compensation claimed by him.
In the absence of any specific article in Schedule I of the Court-fees Act for payment of court fee in such appeal court fee will be payable ad valorem under Article 1 of Schedule I. The appellant has thus to pay ad valorem court fee on the difference of the amount of compensation claimed by him. An appeal may be a continuation of suit for certain purposes but as far as court fee is concerned, we are unable to accept the contention of the learned counsel for the appellant that as no court fee is payable on an application for compensation, no court fee is payable on the memorandum of appeal also. We are of the opinion that the provisions of the Court-fees Act are mandatory and no litigant can avoid payment of court fee when there is a provision for it. We may also refer to the case of Smt. Vindhya Basani v. Jadab Singh, AIR 1961 Him Pra 30. The appellant was called upon to pay court fee on the value of the subject matter in dispute. Reliance was placed in this case on AIR 1932 Cal 346 in re Ananda Lal Chakrabutty. 10. In view of the above we reject the objection filed by the appellant and permit her to pay the deficiency in court fee within two months and no more. Order accordingly.