HAMAZA HAJI Vs. THYKKANDIYIL IBRAHIM

JUDGEMENT

(1.) Legal question that arises in this unnumbered regular first appeal is whether the appellant is liable to pay additional court fee at a rate not exceeding 1% of the amount involved in the dispute as provided under Sec. 76 of the Kerala Court Fees & Suits Valuation Act, 1959 (in short 'the Act')?

(2.) This appeal is preferred against the judgment and decree passed by a Subordinate Judge in a suit filed for refund of advance amount paid in connection with an agreement to assign immovable property. The suit was partly decreed by the trial court. Dissatisfied with the quantum of decree amount, the plaintiff has preferred this appeal.

(3.) Heard the learned counsel for the appellant.