Short Note : The plaintiff-non-petitioner filed a suit against the petitioner seeking declaration that the deed of adoption in favour of the defendant-petitioner was brought about by misrepresentation and fraud and he therefore sought a decree for declaration that the adoption is not valid. For purposes of jurisdiction and Court-fee it was valued on the fixed Court-fee. The defendant-petitioner raised an objection that as the declaration sought affects the right of the defendant in the property which is worth Rs.6,000/- the valuation is not proper. The learned Court below rejected this objection and hence the present revision petition. 2. Learned counsel appearing for the defendant petitioner contended that in view of Notification of the Judicial Department of Central Provinces and Berar (No.1041, dated 28th September 1911) the suit for declaration of an adoption as invalid will have to be valued on the value of the property the right to which is affected if that value exceeds Rs. 400/-. In support of his contention learned counsel placed reliance on a decision reported in Noksingh v. Bholusingh, AIR 1930 Nag. 71, and also on Apparao v. Bhagubai, 36 MPLC 381 : AIR 1949 Nag. 263. 3. Learned counsel for the non-petitioner contended that the language of the notification indicates that if the right which is affected is the present right then alone this notification will be applicable. In the present case according to learned counsel the property of the non-petitioner-plaintiff is self-acquired properly and therefore an adopted son has no right in present, and the adoptive father during his lifetime may dispose of the property and in that event such a declaration may not affect any right to the property. In this view of the matter he contended that this notification will not be applicable. In this view of the matter he contended that this notification will not be applicable. Held: The notification reads :- "Suits of the following classes shall for purposes of the Court-fees Act, 1870 the Suits Valuation Act, 1887, and the Central Provinces Courts Act, 1917, be treated as if the subject-matter of such suits were of the value of four hundred rupees :- (1) Suits for the restitution of conjugal rights; for declaration of the validity of marriage or for a divorce; (2) Suits for the custody or guardianship of a minor; and (3) Suits for a declaration that an adoption is valid or invalid: Provided that if a suit for declaration that an adoption is valid or invalid affects a title to property then the value of that property if it exceeds Rs. 400 shall be deemed to be the value of the subject-matter of the suit." The language of this proviso does use the words "affects a title to property". The term used is "affects" which is in present tence and on this basis the contention is advanced by learned counsel for the non-petitioner. Although there is nothing to qualify "title to property", but according to him in the case in hand the declaration of this adoption to be invalid does not affect the title to property so lone as the plaintiff-non-petitioner is alive. 4. But, as held in the case of Noksingh, what is meant by the language is that as soon as a decree for declaration is passed the title the property of the adopted son disappears. It may be effective in a particular case at some future event, but it could not be disputed that the decree will affect his rights in the property of the adoptive father. 5. In the light of this, the contentions as advanced by learned counsel for non-petitioner could not he accepted. 36 MPLC 381 : AIR 1949 Nag. 263 relied on. Revision allowed. Order of the trial Court set aside.