A.M. Babu, J.

1. Is the petitioner in a rent control petition liable to pay any additional court fees under Sec.76(1) of the Kerala Court Fees and Suits Valuation Act (for short, the Act) ? If liable, can it be levied from him in his appeal preferred against the order of the rent control court in a rent control petition filed before the issuance of the notification under Sec.76 (1) of the Act ? These are the questions we are called upon to decide in the two original petitions at hand.

2. Petitioners are the landlords. They filed separate petitions against their two tenants to get the fair rent of the tenanted premises fixed. The rent control court dismissed both the petitions. The petitioners filed appeals. But the same were not numbered. The office of the appellate authority noted a defect. The defect was that the additional court fees of Rs.100/- leviable under Sec.76(1) of the Act was not paid. The petitioners took the stand that they were not liable to pay the additional court fees. The reason stated was that the rent control petitions were filed before the notification under Sec.76(1) of the Act was issued. The matter was heard by the appellate authority. The court below passed detailed orders. The learned judge said that his being a civil court it was not for him to nullify the government order on the ground that it was not applicable to cases filed before the amendment to Sec.76(1) of the Act. The petitioners were found liable to pay the additional court fees in the appeals. They were given 15 days' time to cure the defect. The said orders are challenged in the original petitions.

3. Heard Sri. Alex M. Scaria, the learned counsel for the petitioners. The tenants did not enter appearance. The 2nd respondent in each original petition is the State of Kerala. Heard the learned government pleader Sri. K.M. Hashir.

4. Sec.76(1) of the Act reads thus :

Notwithstanding anything contained in this Act or any other law for the time being in force and subject to section 4A of the Act and sub-rule(1) of rule 397 of the Kerala Motor Vehicles Rules, 1989 it shall be competent for the government to levy an additional court fee by notification in the gazette, in respect of original petitions, original applications, appeals or revisions to tribunals, appellate authorities and original suits in civil courts other than in family courts at a rate not exceeding one percent of the amount involved in the dispute and in other cases at a rate not exceeding one hundred rupees for each original suit, original petition, original application, appeal or revision.

The government did issue a notification under Sec.76 (1). The petitioners have produced a copy of the notification as Ext P6. The same is G.O.(P) No.9/2016/Law dated 29.08.2016 (S.R.O.No.578/2016). It reads as follows :

In exercise of the powers conferred by subsection (1) Of section 76 of the Kerala Court Fees and Suits Valuation Act, 1959 (10 of 1960), the government of Kerala hereby rescind the notification issued under G.O.(P) No.5/2016/Law dated 7th April, 2016 and published in the Kerala gazette extraordinary No.772 dated 8th April, 2016 and in supersession of the notification issued under G.O.(P) No.116/2002/Law dated 5th April, 2002 and published as S.R.O.No.226/2002 in the Kerala gazette extraordinary No.420 dated 5th April, 2002 hereby authorize the levy by the civil courts, the tribunals and appellate authorities, an additional court fee in respect of each original suits, original petitions, original applications, appeals or revisions at the rate of 1% of the amount involved in the dispute, in cases where it is capable of valuation and in other cases at the rate of Rupees one hundred in each such case. The amount so collected shall be credited to the Kerala Legal Benefit Fund constituted under sub-section (2) of section 76 of the Kerala Court Fees and Suits Valuation Act, 1959.

No amount is involved in a dispute in a rent control proceedings. Therefore, if the petitioner in a re