PATHU Vs. KATHBESA
LAWS(KER)-1967-6-22
HIGH COURT OF KERALA
Decided on June 13,1967

PATHU Appellant
VERSUS
KATHBESA Respondents

JUDGEMENT

- (1.) By reason of S.12 and 13 of the Kerala Civil Courts Act, 1957 read with S.53 (1) of the Kerala Court Fees and Suits Valuation Act, 1959, this appeal lies to the District Court and not to this court and will therefore be returned for presentation to the proper court.
(2.) S.53 of the Kerala Court Fees and Suits Valuation Act makes special provision for the valuation of suits for the purpose of determining the jurisdiction of courts and I have no doubt that the words, "value of the subject matter of the suit" occurring in S.13 of the Kerala Civil Courts Act and the words, "a suit as to whose value" occurring in S.53 (1) of the Kerala Court Fees and Suits Valuation Act, connote the same thing so that the valuation of this suit for the purpose of jurisdiction under S.13 of the Kerala Civil Courts Act has to be done in accordance with S.53 (1) of the Kerala Court Fees and Suits Valuation Act, this being a case for which specific provision is not otherwise made under that latter Act [S. 53 (2) having no application since the court fee payable is not a fixed fee] or under any other law.
(3.) The value of this suit for purposes of court fee is only Rs. 7,912-50 as rightly shown in the memorandum of appeal as also in the plaint when it comes to a question of payment of court fee, and the valuation of Rs. 10,567-50 shown to make it appear that the value exceeds Rs. 10,000 is arrived at by adding the value of both of two alternative reliefs whereas only the higher should be taken into account under S.6 (2) of the Kerala Court Fees and Suits Valuation Act. It follows that by reason of S.53 (1) of that Act, this namely. Rs. 7,912-50 is its value for purposes of jurisdiction as well. That being so under S.12 and 13 of the Kerala Civil Courts Act this appeal lies to the District Court and not to this court.;


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