S. Velu Pillai, J.

1. The suit that has led to this civil miscellaneous appeal, was by a jenmi, to enforce payment of renewal fees which became payable on Edavom 2, 1128 M. E., and was instituted in the year 1954, when the Cochin Tenancy Act, Act XV of 1113, was in force. That Act was repealed by the Kanam Tenancy Act, 1955 Act XXIV of 1955 which came into force on March I, 1956. Though the first Court held otherwise, the appellate Court decided, that the suit is maintainable under both these enactments, but remanded it, for ascertaining the michavaram payable, as under Section 16(6) and (8) of Act XXIV of 1955, renewal fee payable is the equivalent, of one year's michavaram or of the renewal fee payable under Act XV of 1113, whichever is less, and for passing a decree for renewal fees accordingly. The plaintiff has preferred this C. M. Appeal against the order of remand, as according to her learned counsel, the provisions of Act XXIV of 1955 are not applicable and the renewal fee as sued for, is recoverable.

2. It was first contended, that the suit having been instituted before Act XXIV of 1955 is not governed by that Act. Act XV of 1113 and others were repealed by Section 5