AMMU BRAHMANIAMMA Vs. GOPALAN

JUDGEMENT

(1.) A short point regarding court fee is raised here. The factual situation is this: The suit, from which this appeal by plaintiffs arises, is for recovery of possession of property with mesne profits. The suit was dismissed by the Munsiff, Trichur, before whom it was filed. Appeal filed from the Munsiff's judgment was dismissed by the District Judge, Trichur. This second appeal is from that decision.

(2.) In the appeal memorandum in second appeal plaintiffs have made valuation and paid court fee in the same way as was done in the plaint. It is contended that as future mesne profits have been claimed in the plaint and that claim is continued in the appeal memorandum and as mesne profits from date of suit up till the date of the second appeal have accrued due or have become antecedent profits by the time the appeal is filed plaintiffs have to pay in appeal court fee on that amount also. The provisions of S.52 of the Court fees and Suits Valuation Act, 10 of 1960, for short, the Act, are invoked to support it.

(3.) S.52 of the Act, so far as it is relevant for the present purpose reads:-