Pius C. Kuriakose, J.

1. In this Writ Petition under Art.227 of the Constitution the defendant challenges Ext.P2 findings of the learned Munsiff on issue "No.2" regarding the propriety of the valuation of the suit and sufficiency of the court fees paid. Ext.P1 is a copy of the plaint. As rightly found by the learned Munsiff, the suit is liable to be valued under S.28 of the Kerala Court Fees And Suits Valuation Act (hereinafter referred to as the 'Act'). The suit is for a declaratory decree and the same is between trustees or rival claimants to the office of the trustee or between persons who has ceased to be trustees. S.28 of the Act is given below:

"Suits relating to trust property: In a suit for possession or joint possession of trust property or for a declaratory decree, whether with or without consequential relief in respect of it, between trustees or rival claimants to the office of trustee or between a trustee and a person who has ceased to be trustee, fee shall be computed on one-fifth of the market value of the property subject to a maximum fee of rupees two hundred or where the property has no market value on rupees one thousand:

Provided that, where the property do