STATE OF KERALA Vs. B NESAN

JUDGEMENT

(1.) The preliminary objection raised by the counsel of the respondent that the appeal is not maintainable in this Court is well founded and most be upheld. The suit O. S. 72 of 1969, Sub Court, Trivandrum, against the final decree from which this appeal has been filed, was for settlement of accounts between the plaintiff and the defendant, namely state of Kerala, in respect of the contract for the work of "improvements to the trace from Chayam to Peringammala I S.2nd mile" on the basis of reasonable rates prevalent during the actual work period, etc. For purpose of valuation and court fee the plaint contained the following statement:

(2.) S.12 and 13 of the Kerala Civil Courts Act, 1957 are as follows:

(3.) The matter has come up for consideration in connection with practically similar provisions of the statutes in some of the other States. A full Bench decision of the Madras High Court in Putta Kannayya v. Venkata Narasayya (ILR 40 Madras 1 : AIR 1918 Mad. 998 ) has been treated as the leading authority on the point. It was held that in such cases the right of appeal is determined by the valuation of the subject matter of the suit and not by the amount decreed at the final decree stage. The relevant authorities have been noticed, and the position considered, in a Division Bench ruling of the Jammu and Kashmir High Court in Ahad Mir v. Mahda Bhat (AIR 1960 J. & K. 89). In agreement with the principle of these decisions we find that the appeal is not maintainable in this Court. We accordingly direct that the papers will be returned immediately, to the counsel for the appellant, for presentation to the proper court.