Should a non-executant suing for a declaration that the deed is null or void and does not bind his share pay advalorem court fee on the consideration stated therein ? The answer emerges from the following discussion.

2. The suit is one for a decree of declaration that the plaintiff continues to be a Director in the Board of Management (the 'Board' for short) of a school. A decree of declaration that the sale deed executed by the Board in favour of the first defendant is not valid and binding on the plaintiff is also sought. There is a prayer for consequential injunction restraining the defendants from interfering with the right of the plaintiff as Director or injuring his rights in any manner. The plaintiff valued the relief at `.1000/- and paid court fee of 40/- under Section 25(d)(ii) of the Court Fees and Suits Valuation Act, 1959 (Kerala) (hereinafter referred to as the 'Act' only).

3. The assignee first defendant contended that the subject matter of the suit is capable of valuation and court fee shall be computed on the market value of the property. It was pointed out that the sale deed executed by the Board in favour of the first defendant reflects a sale considerat