This is a court-fee reference made by the Master. When the matter came before one of us it was found that there were conflicting decisions on the question raised and therefore the matter was referred to a Bench of two Judges.

The appeal arises out of a suit for a declaration that the sale deeds in respect of the B Schedule properties alleged to have been executed by the plaintiff’s mother in favour of defendants 1 to 4, 5th defendant’s husband and the 25th defendant and the transfers in favour of defendants 6 to 32 by the 5th defendant’s husband were all void and not binding on the plaintiff. The plaintiff’s father executed a gift deed on 2nd October, 1928, in favour of their mother in respect of items 1 to 5 of the B Schedule. Again on 17th December, 1932, the same donor executed another gift deed in favour of their mother in respect of item 6 of the B Schedule. The mother sold them under six sale deeds of various dates to defendants 1, 2, 3, 4, 5th defendant’s husband and the 35th defendant. Defendants 6 to 32 are alienees from the 5th defendant’s husband. In the plaint in respect of each declaration a fixed fee has been paid aggregating to Rs. 1,400. The plaintiff’