SREEKUMARA SAMAJAM Vs. THILAKAN

JUDGEMENT

(1.) No court fee is paid on this appeal by the plaintiff. We, therefore, heard his learned counsel on the question of court fee. Defendant subscribed a chit. He bid that On the allegation that he defaulted the subsequent instalments, the plaintiff, who is the chitty foreman, used for a personal decree against the defendant and also sought a decree charged on the suit property on the plea that the defendant had provided that property as security by depositing its title deed with him, in a mortgage. The trial court granted the personal decree but refused the claim for decree charged on the property. Hence the plaintiff's appeal

(2.) The question is whether the plaintiff has to pay court fee, advalorem, on the amount for which charge is claimed over the suit property.

(3.) Section 52 of the Kerala Court Fees and Suits Valuation Act, 1959 governs appeals. It says that the fee payable in an appeal shall be the same as the fee that would be payable in the court of first instance on the subject matter of the appeal The subject matter of the appeal in hand is the plea of the appellant/plaintiff that he is entitled to a decree to the extent of the plaint claim, charged on the plaint schedule property. It has, therefore, to be valued advalorem and court fee has to be paid thereon.