By an order of the learned Chief Justice, this matter was referred to this Bench under section 5 of the Court-Fees Act for determination of the proper Court-fee payable on the memorandum of appeal presented by the plaintiff against the decree dismissing his suit C.S. No.311 of 1951.

The suit relates to the estate belonging to the S. RM. AR. family. The plaintiff, Sathappa Chettiar, is the son of one Subbiah Chettiar who, it was claimed, was the adopted son of Sathappa, the eldest brother of the defendant’s father Ramaswami. One Arunachala had three sons Sathappa, Veerappa and Ramaswami. Ramaswami’s son is Ramanatha, the defendant in the action. Sathappa and Veerappa having pre-deceased, the entire family property devolved on Ramaswami’s branch and Ramanatha became the sole surviving coparcener, and he held the property. One Subbiah Chettiar, claiming to be the son, by adoption, of Sathappa by his widow Lakshmi Achi, in or about 1922, instituted suit O.S.No.33 of 1930 on the file of the Sub-Court, Devakottai, against Ramanatha, the present defendant, claiming a half share in the estate of S. RM. AR. and partition of that share and separate possession. The claim was based on th