The court established that applications under S.9(3) of the Kerala Agriculturists Debt Relief Act are chargeable with court fees as prescribed under S.11(3).

1The question raised in these seven Civil Revision Petitions is of the court fee payable on applications under S.9 sub-s.(3) of the Kerala Agriculturists Debt Relief Act, 1958. The courts below have held the applications under sub-s.(3) to be a species of applications under sub-s.(1) of S.9 of the Act which are chargeable under sub-s.(4) of the section. Counsel for the applicants contend that sub-s.(3) of S.9 is independent of sub-s.(1), that the court fee payable on an application under sub-s.(3) is as provided in R.7(2) of the Kerala Agriculturists Debt Relief Rules, 1958, or in sub-s.(3) of S.11 of the Act. Notice of these Civil Revision Petitions has been given to the State and the Government Pleader is also heard on the matter.

2The relevant Sections of the Kerala Agriculturists Debt Relief Act 1958, as amended by Act II of 1961 (which will be referred to hereinafter as the Act) read thus:
S.9.(1)
"Notwithstanding anything in the Indian Evidence Act, 1872, or in any other law for the time being in force, any agriculturist may apply to the Court to reopen any subsisting transaction, whether reduced to writing or not, on the ground that it is really a transaction, of debt or that the amount mentioned in the transaction is not the actual amount and may plead, adduce evidence and prove such grounds. Thereupon the Court shall ascertain whether the transaction is a debt or the amount mentioned in the transaction is the actual amount of the debt and pass an order in conformity with the other provisions of this Act.
Explanation-- In this sub-section, the expression "Court" shall include any officer or authority appointed by the Government to exercise the functions of a Court under this sub-section.
(2) (deleted) by Act II of 1961)
(3) Notwithstanding anything in the Indian Evidence Act, 1872, in the case of any transaction entered into on or after 1st January 1946 and purporting to be a sale of immovable property or a lease of usufructs, any agriculturist, who is a party to the transaction may plead, adduce evidence and prove that the transaction is really a debt and thereupon the amount advanced shall be deemed to be the principal of the debt and the income from the property or the value of the usufructs, as the case may, be shall, be appropriated towards interest calculated at the rate specified in S.5 on the principal and the balance, if any, towards the principal. The amount, if any, outstanding after such appropriation together with the value of improvements, if any, effected by the creditor shall be paid in accordance with the provisions of sub-s.(2), (3) and (5) of S.11, as if the transactions were a usufructuary mortgage and the rights of the creditor and the debtor shall be governed, as far as may be, by the provisions of the said sub-sections:
Provided that this sub-section shall not affect the rights of bona fide alienees of the creditor deriving rights before 20th November, 1957.
(4) For applications under sub-s.(1) court fees shall be paid as if they were suits for the same reliefs.
S.11(1). "Subject to the provisions of S.25, this section applies to all subsisting mortgages executed by an agriculturist at any time before the commencement of this Act and by virtue of which the mortgagee is in possession of the property mortgaged to him or any portion thereof.
Explanation:-- A mortgagee shall be deemed to be in possession of the property mortgaged to him or any portion thereof, notwithstanding that he has leased it to any person other than the mortgagor.
(2) Notwithstanding that the period of the mortgage has not expired, the mortgagor shall on application be entitled, subject to the provisions of sub-s.(3) and (4) to recover the property mortgaged on depositing in the court --
(a) one half of the mortgage amount;
(b) where payment of interest to the mortgagee has been stipulated for, in respect of the principal amount secured by the mortgage or any portion thereof, in addition to the usufruct from the property, or in respect of