1. In this Civil Revision Petition filed by the plaintiff, the question that arises for consideration is whether he has valued the suit, for the purpose of payment of court fee properly.

2. The suit is for partition and recovery of his one-half share in a co-ownership property belonging to the plaintiff and the first defendant. The plaintiff valued the suit under S.37 clause (2) of the Kerala Court Fees and Suits Valuation Act, 1959 (Act 10 of 1960), and paid the fixed fee of Rs. 20/-as the suit was instituted in the Munsiff 's Court. An objection regarding the valuation of the suit was taken by the Court-fee Superintendent. The learned Munsiff held that the plaintiff is not in actual possession of the property, and therefore he has to pay court fee for recovery of possession under S.37 clause (1) of the Court Fees Act.

3. I am of the view that the finding of the learned Munsiff cannot be sustained. For the purpose of finding out whether a plaint has been properly valued or proper court fee has been paid, we are only concerned with the allegations in the plaint and the substance of the suit. It has been definitely alleged in the plaint that in respect of the co-ownership