Interpretation of Explanation III to S.52 of the Kerala Court-fees and Suits Valuation Act, 1959, mandates the payment of court-fee not only on the plaint claim but also on the interest pendente lite accrued and decreed.

1. This is a petition filed by the Union of India and the General Manager, Northern Railway. The appellants, who were the defendants in the suit, prayed for a declaration that the court-fee paid in the appeal is sufficient and correct. The point for decision is whether the appellant is required to pay the court-fee not only on the amount claimed in the plaint but also on the interest that accrued till the date of decree. This question has already been decided by a Division Bench of this Court in Azeez & Co. v. Indian Overseas Bank (1983 K.L.T. 935).

2. The counsel for the appellants, however, placed reliance on a subsequent Division Bench decision reported in Oriental F& G. I Co. v. Narayani Amma (1984 KLT. 410) and that has occasioned this reference.

3. We do not think that the decision in Azeez & Co. v. Indian Overseas Bank (1983 K.L.T. 935) requires reconsideration on the plea that a Division Bench of this Court in a subsequent decision appears to have taken a view different from what was taken in the earlier decision. In fact, there is no conflict between the two decisions: the former decision was one interpreting Explanation III to S.52 of the Kerala Court-fees and Suits Valuation Act, 1959; whereas what came up for decision before the Division Bench in the latter case was the interpretation of the expression'amount in dispute in the appeal' occurring in S.110 D (2) of the Motor Vehicles Act, 1939. There is no doubt in our minds, the position of law is as stated in 1983 K.L.T. 935.

4. Accordingly, we direct the appellants to pay the balance court-fee, as is due, on the basis that the court-fee is payable in appeal not only on the plaint claim but also on the interest pendente lite accrued and decreed, in terms of Explanation III to S.52 of the Kerala Court-fees and Suits Valuation Act, 1959, on or before 28-3-1985.

Issue carbon copy of this order to the counsel for the appellants, on usual terms.