1. In these C. R. Ps. which arise out of the proceedings in O. S. No. 87 of 1973 on the file of the First Additional Sub Court, Trivandrum, the defendant in the suit is the petitioner. The suit is one for arrears of ren'. One of the contentions of the petitioner is that the plaintiffs cannot claim any rent in view of the agreement between the plaintiffs and the defendant to pay interest at the rate of 12% for the amount lent and spent by him towards the cost of re-construction of the building concerned. The defendant could claim back the principal amount so advanced only at the time of eviction and not before The petitioner states that the amount spent by him will come to more than Rs 11/2 lakh. As regards bis prayer for adjustment of the amount due to the defendant by way of interest to the plaintiffs' claim for rent, such amount being only periodical and unascertained the defendant paid court fee as per S.50 of the court Fees Act. The plaintiffs objected to the above valuation and after hearing the parties the court below passed an order directing the defendant to pay court fee on the amount which he seeks to set off against the plaint claim. The court further stated