KUTTI VASU Vs. CHAKKY NANI

JUDGEMENT

(1.) The proceeding out of which this cross objection arises was instituted before the commencement of (Kerala) Act 10 of 1960 on 1-2-1962. Therefore by reason of S.87(2) of that Act the Court fee payable on the cross objection is governed by T. C. Act II of 1125. (The word "appeal" includes a cross objection see S.3(i) of Act 10 of 1960). The cross objector wants the amount of compensation for improvements awarded to the appellant to be reduced. The relief he claims is capable of valuation and he must therefore value it and pay Court fee thereon under Art. I of Schedule I of TC. Act II of 1125. It is true that the appeal in which the cross objection is filed is not in a suit but is in an application under S.11 of Act 31 of 1958, but then Art. I of Schedule I is not confined to appeals or cross objections in suits but applies to appeals and cross objections in all proceedings where the subject matter in dispute can be valued in money.