1. THE short point involved in this case is whether the suit should be valued according to the valuation as given by the plaintiff or whether the plaintiff is to pay ad valorem Court-fees on the value of the property as stated in the Deed of Gift challenged in the suit.

2. THE plaintiff petitioners filed Title Suit No. 1634/87 in the III Bench of the learned Judge, City Civil Court of Calcutta against the defendant opposite party, Shri Madhusudan Das, the defendant no. 2 and several others for the following declarations: -

"a) Decree for a declaration that the Deed of Gift execution on March 31, 1986 by Madhusudan Das, the father of the plaintiffs in favour of, the defendant is nullity, the: same being void and the said document is liable to be cancelled and/or delivered up; decree for permanent injunction restraining the defendant from giving into effect and/or further effect and/or taking any steps in aid thereto enforcing the purported Deed of Gift dated 31st March, 1986; c) Permanent injunction restraining the defendant, from interfering with and/or disturbing the plaintiffs' possession in respect of the scheduled property; d) Permanent injunction restraining the defenda