RAMANAN Vs. CHITRASENAN

JUDGEMENT

(1.) Registry has noted a defect that the Appeal is not maintainable before the High Court since valuation for the purpose of jurisdiction is below Rs. Two lakhs. Appellant has replied stating that the amount decreed together with interest would be above Rs. Two lakhs and therefore, the Appeal is maintainable. Since such question arises very often, we thought, it would be expedient to lay down the principles.

(2.) In the present case, suit was filed by the respondent herein for specific performance of contract or in the alternative, for realization of the advance of Rs. 1,50,000/-paid by the plaintiff to the defendant. The valuation for specific performance is Rs. 1,60,000/- and that for the alternative relief is Rs. 1,50,000/-. The Court of the Additional Subordinate Judge, Irinjalakuda passed a decree for return of the advance amount together with interest at 6% per annum from 28-2-2003. The appellant has shown in the Memorandum of Appeal that the interest payable under the decree is Rs. 31,550/-. Even adding the interest, the valuation would be Rs. 1,81,550/-. The appellant also added the costs of Rs. 19,480/- in the valuation and the total valuation was shown as Rs. 2,1,030/-.

(3.) Section 13 of the Kerala Civil Courts Act, 1957, as amended by the Kerala Civil Courts (Amendment) Act, 1996, provides thus: