(1.) LEAVE granted.
(2.) THIS appeal filed for setting aside order dated 21 -7-2008 passed by the learned Single Judge of Kerala High Court in Writ Petition No.21820 of 2008 whereby he declined to interfere with the direction given by Sub Judge, Palakkad (hereinafter described as 'the trial Court') to the appellant to pay court fee on the market value of the plaint schedule property raises an important question of law relating to interpretation of Section 40 of the Kerala Court Fees and Suits Valuation Act, 1959 (for short, 'the Act').
(3.) WRIT Petition No.21820/2008 filed by the appellant against the above mentioned order was dismissed by the learned Single Judge, who referred to the judgments of the Division Bench in Krishnan Damodaran v. Padmanabhan Parvathy, 1972 K.L.T.774 P.K. Vasudeva Rao v. Hari Menon((A.I.R. 1982 Kerala 35') 2006 and Pachayammal v. Dwaraswamy Pillai K..L.T. 527 and held that in terms of Section 40 of the Act, the writ petitioner is required to pay court fees on market value of the property and not on the value specified in the sale deed.
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