Das, J.

1. This appln. in revn. raises the question of court-fees payable on the plaint--namely if court-fees are payable under Article 17 (vi) of Schedule II Court-fees Act, as in a simple suit for partition or ad valorem court-fees as in a suit for title, where a declaration of title with a consequential relief is asked for.

2. The peters, before us were the pltfs. in the Ct. below. The facts givitg rise to the appln. are the following. The petnrs. brought the suit, which was in form a suit for partition only, in respect of two houses situate in the town of Siwan. The petnrs. alleged that their share of the two houses was to the extent of 12 annas & the share of deft. 1, who was the karta of the joint family of defts. 1 to 8, was to the extent of 4 annas only. In para. 8 of the plaint the petnrs. stated that

"deft. 1, with an ulterior motive, executed a fictitious sale-deed in favour of deft. 8 his wife, without receipt of any consideration, & later got a colourable sale deed in favour of deft. 9 & a colourable zarpeshgi deed in favour of deft. 10 & another colourable sale-deed in favour of deft. 11--all without any consideration executed either by deft. 8 or by deft. 1 o