S. Swamikkannu, J.

1. The plaintiff in O.S. No. 83 of 1982 on the file of the Court of the learned Subordinate Judge, Ariyalur, is the revision-petitioner herein. Check-slip No. 850/XXII/S was filed in O.S. No. 83 of 1982 before the Court of the learned Subordinate Judge, Ariyalur.

2. A reference by the Court-fee Examiner in O.S. No. 83 of 1982 was submitted to the court of the learned Subordinate Judge, Ariyalur, regarding the court-fee paid and the classification of the relief for partition as one under Section 37(2) is wrong. It is stated in the reference that the suit was filed to obtain possession, damages and future mesne profits, and the suit is sought to be classified as one for partition, damages and future mesne profits. Item No. 1 in the suit properties was purchased by the plaintiff from the first defendant on 28.5.1974. The mother of the defendant instituted a suit for partition and the share of the defendant was declared as 5/8. The plaintiff was a party to the proceedings as second defendant. The present suit has been filed stating that the plaintiff is entitled to 11/16 share as the plaintiff in O.S. No. 1239 of 1974 died and she was entitled to 1/8th share of wh