ORDER :- This revision petition arises out of an order passed by the learned Subordinate Judge, Salem, directing the 5th defendant in the suit, O. S. 64 of 1963 to pay a sum of Rs. 750 as court-fee. The plaintiff filed a suit for partition and separate possession of his share in the suit properties. Defendants 1 to 4 who are members of the family are sailing together. The first defendant had executed a sale deed in favour of the 5th defendant which is attacked on the ground that it is not an out and out sale, but was executed merely to serve as security for a loan transaction. The fifth defendant, alienee, besides contending that the sale deed executed in his favour by the first defendant is a genuine transaction, claimed a sum of Rs. 10,000 by way of moneys spent by him bona fide in the improvement of the suit property, and that if the sale deed should be held to be not binding upon the plaintiff and defendants 2 to 4 the amount spent by the fifth defendant for improvements should be held to be binding upon the members of the family. The question for decision is whether the claim of the fifth defendant is liable to payment of court-fee as a written statement pleading a set off or

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