This Civil Revision Petition raises the question of what is the proper court-fee payable on the suit plaint. The plaintiff is the petitioner and the suit is for partition in respect of her father’s estate. Defendants 1 to 4 are the co-sharers and defendants 5 to 7 are the persons in possession of the suit property from whom the plaintiff seeks to recover possession on the ground that they are trespassers and are not entitled to the property. The plaintiff prays for a decree that the properties in the schedule to the plaint should be partitioned, and that she should be put in possession of her half share and also for mesne profits and costs of the suit. In paragraph 7 of the plaint it is stated that the fifth defendant who claimed to be the owner of the property which is the subject-matter of the suit had a beneficial interest in it, the same having been purchased benami for him in the name of one Habibullah, the father of the petitioner.

The 5th defendant instituted O.S. No. 328 of 1943 on the file of the District Munsiff’s Court of Tirupathur and obtained an ex parte decree against the plaintiff. In paragraph 8 of the plaint the petitioner states that the fifth defendant wi