V.R. Krishna Iyer, J.

1. The inter-relation between the valuation for purposes of court fee and that for purposes of jurisdiction is regulated by statute and the present revision petition highlights the possible dispute that might arise when the actual value of a property is admittedly different from the value of the relief regarding that property for purposes of court fee. In such a case what should be the valuation of the subject matter for purposes of jurisdiction ? The learned Subordinate Judge has held that for jurisdictional purposes the actual value i.e. the full market value will prevail even though for purposes of computation of court fee the prescribed method is to fix the value at half the market value. This, it is contended, is wrong and opposed to the scheme of the Kerala Court Fees and Suits Valuation Act - for short, called the Act.

2. O. S. No. 28 of 1967 on the file of the Subordinate Judge's Court, Trivandrum, is one for a declaration of the plaintiff's title to and possession of the property set out in the plaint schedule and for a consequential relief of injunction to restrain the defendants from interfering with the plaintiff's enjoyment. The plaintiff va