LINGARAJA RATH, J.

( 1 ) IN this revision, the defendant assails an order passed by the Munsif overruling his objection regarding the valuation of the suit for the purpose of jurisdiction and the court-fee paid by the plaintiffs in the suit for a declaration that the deed of gift executed by plaintiff No. 2 on 6-3-1984 was void inasmuch as the defendant, her husband's younger brother, practised fraud upon her to get the gift deed executed in his favour in the garb of execution of a power-of-attorney by her. His submission is that since in essence and substance, the relief claimed by the plaintiffs is for cancellation of the deed and depriving the defendant of his title in the property conveyed under the gift deed, the suit has to be valued on the valuation of the property and ad valorem court-fee has to be paid as required under Section 7 (iv) (c) of the Court-fees Act (shortly stated `the Act' ). It is further submitted that the valuation of the property being more than Rs. 50,000/-, the Munsif, in whose court the suit was filed, did not have the pecuniary jurisdictions to try the suit and that the suit should have been filed before the Subordinate Judge.

( 2 ) MR. M. M. Das, lea