This is a petition to revise the order of the District Judge of Bellary calling upon the petitioners to pay additional court-fee.

The suit was for partition. The plaintiffs are the sons of the first defendant. The second defendant is an alienee of some of the joint family properties from the first defendant under a sale-deed dated, 10th July, 1943. In respect of this alienation it is alleged in the plaint that the alienee, viz., the second defendant is not in possession of the properties alienated to him and that they continue to be in the possession and enjoyment of the family. It is also alleged that the sale

“is not true, genuine, valid or binding on the plaintiff’s share of the properties,”

that there was no legal necessity for the sale, that the family derived no benefit by the sale, that the transaction “is void, inoperative and invalid” so far as the plaintiffs are concerned, and that the document of sale is “sham, fictitious and collusive and cannot bind the share of the plaintiffs”. The plaintiffs did not pay any separate court-fee in respect of this alienation. The court-fee examiner took the view that the properties sold to the second defendant must, notwithstand