The main legal point established in the judgment is the determination of the appropriate court fee payable for revision petitions filed under S.103 of the Kerala Land Reforms Act.

These cases come before us for determination of a general question regarding court fee, what is the court fee that has to be paid on a revision petition filed before the High Court under S.103 of the Kerala Land Reforms Act (hereinafter referred to as 'the act). This question was considered by a learned single judge of this Court in Subramanian Namboodiri v. Sankaran (1984 KLT 615). Justice Thulasidas doubted the correctness of the above decision and referred the matter for the decision of a Division Bench.

2. At the outset, we shall give the bony facts of these cases without any legal lacing. C.R.P.No.964 of 1993 is a revision against the final order in an appeal under S.102 of the Act. The proceedings was under S.80B of the Act for purchase of kudikidappu. The tribunal allowed the application and fixed the purchase price the land owner filed an appeal under S.102 of the Act. The appellate authority dismissed 'the appeal. The land owner seeks revision of the orders in this revision petition.

3. C.R.P.No.965/93 relates to proceedings for purchase of the land owner's right vested with the Government. 11 was a suo mote proceedings. The land tribunal found t ha t the 'A' party/ first respondent in the C.R.P. is entitled to assignment of the right, title and interest over an extent of 30 cents of property. An appeal was filed by the daughter of the 'B' party as A.A.No.450/77 before the appellate authority. The appellate authority allowed the appeal and remanded the case to the land tribunal. The land tribunal considered the case again and found that the applicant is a tenant as defined in the Act and is entitled to fixity of tenure.

4. The present revision petitioner and the second respondent here in field an appeal challenging the order of the land tribunal. On 'the date fixed for final hearing, counsel did not appear, since he was engaged in another court. Appeal was posted for orders. An application for review was filed by counsel. The appellate authority without considering the application for review, dismissed the appeal for default by judgment dated 29-10-1988. Appellants before the appellate authority filed an application for restoration of the appeal. That application was allowed by the appellate authority on 13-5-1991 on condition that the appellants should pay the cost of Rs.100/- within one month from that date. The revision petitioner was unaware of the posting of the case and she could not pay the cost within the time prescribed. So, on 25-6-1991 the restoration application was dismissed and consequently the appeal was also dismissed. The re vision petitioner filed an application to review the order dismissing the restoration application and also filed a petition to condone the delay in filing the restoration application. The appellate authority dismissed the applications. Under these circumstances, the revision petitioner filed the present revision.

5. C.R.P.No.966/93 is against the judgment of the appellate authority dismissing an appeal under S.102 of the Act filed against the order allowing assignment of right, title and interest of the land owner in proceedings initiated under S.72(c) of the Act.

6. Now, we turn to consider the question of court fee that has to be paid for the revision petitions filed before the High Court under S.103 of the Act. In all these revision petitions, revision petitioners have paid only Rs.2/- as court fee. In C.R.P.No.966/93, revision petitioner has paid the court fee under Art.11(t) of Schedule II of the Kerala Court Fees and Suits Valuation Act, 1959 (Act 10 of 1960). The office made a note that the court fee paid is insufficient.

7. In the case considered by the learned single judge (1984 KLT 615), no court fee was paid by the revision petitioner therein in view of S.116 of the Act read with R.I 27 of the Land Reforms (Tenant'y) Rules. Alter considering the provisions of the Kerala Land Reforms Act, Kerala Land Reforms (Tenancy) Rules and the Kerala Court Fees and Suits Valua