1. This civil revision petition is concerned with the interpretation of sub-section (1) of S.40 of the Kerala Court-Fees and Suits Valuation Act, 1959, Act 10 of 1960 (shortly called the Act).

2. The plaintiffs who are the petitioners before us sued to set aside a deed of cancellation executed by the defendant on 4 21970 revoking an earlier gift deed executed by her and for a declaration of the plaintiffs' title and possession over the suit property. The plaintiffs also prayed for the issue of a permanent injunction to restrain the defendant from entering into possession of the disputed item. The suit property consists of 12 cents of garden land with a building situated thereon. The document impugned valued the property at Rs. 100/-while in the plaint the value was determined at Rs. 200/- for the purpose of payment of court-tee. The Court-Fee Examiner raised the objection that separate court-fee is payable on the B relief relating to the permanent injunction. The defendant in her turn raised the contention in her written statement that the market value of the suit property is not less than Rs. 4,000/-and that court-fee has to be paid on that basis. An issue was raised re