Koshy, J.

Whether market value of the property should be taken for calculating court fee when a suit is filed to set aside a gift deed is the question referred to the Division Bench by the learned Single Judge. Section 40 of the Kerala Court Fees and Suits Valuation Act (in short ‘the Act’) deals with valuation of suits in such cases. The court below in the impugned order, following earlier Division Bench decisions of this court held that when a suit is filed to set aside a gift deed as one obtained by fraud and misappropriation, court fee is to be paid on the basis of the real market value on the date of filing of the suit as contemplated under Section 7(3A) of the Act. The above was challenged by the writ petitioners under Article 227 of the Constitution of India contending that in the earlier Division Bench decisions, Section 40 was not correctly interpreted. In Krishnan Damodaran v. Padmanabhan Parvathy (1972 KLT 774), Appikunju v. Meeran Pillai (1964 KLT 895), Vasudeva Rao v. Hari Menon (1981 KLT 763) and Jamy Kuriakose v. Jomon Kuriakose (2003 (1) KLT 411) this court had held that, in a suit filed for setting aside a document, the court fee is to be paid on the mar