STATE OF KERALA Vs. JEEVANANDAN

JUDGEMENT

(1.) Revision petitioners are the defendants in OS No. 199 of 1982 of the Sub Court, Tellicherry. The suit was filed by the plaintiff for the realisation of an amount of Rs. 5240/. It is alleged that he had suffered damages to the tune of Rs. 2,66,000/ on account of the failure on the part of the defendants to comply with its obligations in respect of an abkari contract. After setting off the amount of Rs. 2,60,760/ due to the defendants plaintiff claims the amount of Rs. 5, 240/ as damages. The plaintiff paid court fee on the amount claimed. Defendants took the stand that the court fee paid is not correct. The learned Sub Judge negatived the contention of the defendants and this has led to the Civil Revision Petition.

(2.) The short point that arises for consideration is as to whether the plaintiff has to pay court fee on Rs. 5,240/ or Rs. 2,66,000/ . It is the contention of the defendants that as the relief sought for in the plaint involves adjudication regarding the amount of damages said to have been suffered by him. amounting to Rs. 2,66,000/ he has to pay court fee on the said amount. The contention of the plaintiff is that he has claimed only Rs.5,240/ in the suit and therefore his liability is only to pay court fee on that amount.

(3.) S.22 of the Kerala Court Fees and Suits Valuation Act, 1959 provides that in a suit for money (including a suit for damages or compensation, or arrears of maintenance or annuities, or of other sums payable periodically), fee shall be computed on the amount claimed. Counsel for the plaintiff submitted that as the plaintiff has claimed only Rs. 5,240/ as damages, be need pay court fee on the amount claimed as envisaged under S.22 of the Act, and he can never be called upon to pay it on any other amount. As the plaintiff has claimed damages specifying the amount he can get only that amount in the event of a decree passed in his favour. If the contention of the defendants is accepted, plaintiff will have to pay court fee on Rs. 2,66,000/- in the suit' whereas ultimately he can expect to get only Rs. 5,240/- in the event of the suit being decreed in his favour.