R.S. BINDRA, A.J.C. : This Revision Petition raises divers points, which are at once interesting and vexing, in regard to the interpretation of certain provisions of the Court Fees Act 1870 (hereinafter referred to as the Act) and Section 8 of the Goa, Daman and Diu (Judicial Commissioner's Court) Regulation of 1963, hereinafter mentioned as the Regulation. The points debated before us during arguments, save one, are clearly not res Integra but the difficulty arises because of some divergence of judicial opinion in regard thereto.

2. The facts relevant to this petition are few and not in dispute. The petitioner Ramanata Camotim Bambolcar filed a suit in the Court of Comarca of Ilhas at Panjim for possession by partition of his own share in certain properties which his wife had left on her death on 17th April 1954, The defendants in the suit were none other than the sons and daughters, all major, of Bambolcar and his deceased wife. Bambolcar had stamped the Plaint with ten rupee Court Fee on the contention that the suit falls within Article 17(vi), Schedule II, of the Act. The trial court did not accept that contention and held by its order dated 25th of February 1965 that t