AIR 1975 RAJASTHAN 64 ::ILR (1975) 25 Raj 84

Rajasthan High Court

Hon'ble Judge(s): B. P. Beri , C.J. AND M. L. Shrimal , J

Rajasthan Court Fees and Suits Valuation Act (23 of 1961) , S.21, S.45— Suit for interest on compensation - Ad valorem Court-fee is payable under S.21 - S.45 does not apply. A suit for interest on the amount of compensation determined under the Jaipur Land Acquisition Act is governed by Section 21 for purposes of Court-fees and ad Valorem court-fee is payable thereunder. Section 45 which is the residuary section does not apply to such a suit. (Case law discussed).(Para 10) It is not correct to say that Section 21 applies only to suit for damages. In Section 21 the term money appears to be widened to include damages and compensation. Because the parenthetical clause in Section 21 of the Act says that a suit for money includes a suit for damages or compensation it is idle to contend that the word "money" partakes the nature of damages in the section. What it says is that in a suit for money which term includes damages or compensation etc. the Court-fee payable shall be computed on the amount claimed. The parenthetical clause merely expands the concept of money for the purposes of the section. The word "including" is often employed in definition clauses of statutes. It is recognised that the word enlarges the compass rather than restricts it.(Para 8) .....