Happell, J.

1. The question in this revision petition relates to the court-fee payable on a suit brought by the respondent against the petitioner and so to the question of the Court by which the suit should be tried. The respondent held a usufructuary mortgage in respect of certain property and the suit Was substantially for a declaration that the usufructuary mortgage deed in favour of the petitioner was a sham and nominal transaction and for an injunction restraining the petitioner from interfering with the payment of rents by the tenants to the respondent. The suit was in the first instance presented in the Court of the Subordinate Judge of Vellore; but it was ultimately returned under an order made by the Subordinate Judge, on the ground that the value of the suit for court-fee and jurisdiction was Rs. 3,000, for presentation in the Court of the District Munsiff. The plaint was then presented in the Court of the District Munsiff of Ranipet; and the petitioner there raised a preliminary objection that the suit was under-valued and should have been presented in the Court of the Subordinate Judge. In view of the order of the Subordinate Judge the District Munsiff was doubt