SIVASUBRAMANIAM

These two civil revision petitions are coming before us on a reference being made by one of us, namely, Sathiadev J., to decide the question as to whether Court-fee is payable on one half of the value of the properties, on an application filed under Ss.276 and 222 of the Succession Act, for grant of Probate regarding a Will when the matter becomes contentious.

2. The petitioner in C.R.P. 1878 of 1987 filed the petition in O.P. 5 of 1985 on the file of the learned Principal District Judge, Tiruchinapalli, under Ss.276 and 222 of the Succession Act praying for the grant of Probate of the Will of the deceased Ignatious dt. 22-07-1981. Similarly, petitioner in C.R.P. 2052 of 1987 filed the petition in O. P. 323 of 1983 praying for the grant of Letters of Administration in respect of the estate of the deceased T. Arokiasami Odayar with his Will dt. 22-11-1982. In both these petitions, the respondents contested and, therefore, the matter become contentious before the learned District Judge. The question arose whether Court-fees is payable under Art.11(k) of the Court-fees Act, treating the petitions as suits. It was contended by the petitioners that in spite of