T.C. Raghavan, J.

1. The question involved in this Civil Revision Petition relates to the amount of court fee that is payable on a plaint for partition and separate possession of his share by an alienee from one or more of the cosharers in a joint family.

2. The properties involved in the suit in the lower court belonged to one Samuel Dairyam who was the brother of defendants 1 to 6 and the son of one Pakkyam Pillai. Samuel Dairyam died and his father Pakkyam Pillai inherited the plaint properties from his son. On his death his children, defendants 1 to 6 and the husband of the 7th defendant and Samadhanammal, the widow of Pakkayam Pillai inherited the properties. Defendants 5 and 6, Samadhanammal and the husband of the 7th defendant executed a mortgage deed in respect of their rights in the plaint properties in favour of the plaintiff. The plaintiff filed a suit on this mortgage, obtained a decree and in execution of the same purchased the rights of the mortgagors in court auction and obtained symbolical delivery of their share. Thus the plaintiff became entitled to 4 out of the 8 shares in the plaint properties. The present suit has been brought for partition of the plaint pro