M.R. Hariharan Nair, J.

Alleging that the sale deed in respect of the plaint A schedule property and two hypothecation deeds in respect of plaint B schedule property executed by the plaintiff were the result of fraud, O.S.1683/97 was filed before the II Additional Munsiff's Court, Thirvananthapuram by the present revision petitioner. The decree sought the following declaration.

"To pass a decree declaring that the sale deed No. 135/97, with respect to plaint A schedule and hypothecation deeds Nos.196/97 and 197/97 with respect to plaint B schedule of the Thirvananthapuram Sub Registrar's Office are void documents vitiated by fraud and misrepresentation and further that those documents are neither binding on the plaint A and B schedules nor the plaintiff in any manner and to pass a decree of consequential prohibitory injunction restraining the defendants from forcibly dispossessing her from the plaint A schedule and the building thereon otherwise than by due process of law".

2. The defendants, who entered appearance, contended that the court fee paid was insufficient and that actually setting aside of the two documents is required for which court fee is payable under S.40 o