Thomas P. Joseph, J.

1. An issue regarding valuation of subject matter of the suit for the purpose of court fee is raised for a decision.

2. The question arose in O.S. No.1473 of 2004 of the court of learned First Additional Munsiff, Ernakulam filed by the petitioners for a declaration of their right of kudikidappu over the suit property-three cents out of the four cents scheduled in the plaint and the structure thereon and for consequential prohibitory injunction. For the purpose of valuation, petitioners valued the relief of declaration at `10,000/- being the market value of the property and paid court fee under Sec.25 of the Kerala Court fees and Suits Valuation Act (for short, “the Act”). The relief of prohibitory injunction was valued at `500/- and court fee was paid under Sec.27(c) of the said Act. Respondents in paragraph 8 of their written statement challenged the valuation made by the petitioners. Learned Munsiff embarked on an enquiry as provided under Sec.19 of the Act and appointed an Advocate Commissioner to ascertain the value of the property. The Advocate Commissioner after inspection on 30.07.2007 submitted Ext.P1, report dated 31.07.2007 wherein he reported