K. HARILAL, J.

1. Heard the learned counsel for the appellant.

2. This unnumbered appeal is filed challenging the decree granting a lesser relief, which was prated for in alternative to a greater relief. According to the learned counsel for the appellant, since no court-fee was paid for the lesser alternative relief, by virtue of Section 6(3) of the Kerala Court Fees and Suits Valuation Act, 1959, (hereinafter referred to as the Act), the appellant is also not liable to pay the court fee for the appeal challenging the said decree granting lesser alternative relief, in view of Section 52 of the said Act.

3. According to the proviso to Section 6(3) of the Act, where the cause of action in respect of the reliefs claimed alternatively against the same person arises out of the same transaction, the plaint shall be chargeable only with the highest of the fees. So, no court fee was paid for the lesser relief and court fee was paid for the higher relief. Similarly, according to Section 52 of the Act, the fee payable in an appeal shall be the same, as the fee that would be payable in the Court of first instance is on the subject matter of the appeal.

4. It is true that as per Section 6(3