Venkatasubba Rao, J.

1. The question raised is one of court-fee. The plaintiff, claiming to be the reversionary heir of the last male-holder Subbarayudu, has filed this suit against Subbarayudus widow and certain alienees who claim under alienations made by Subbarayudu. He attacked the alienations on the ground that they were nominal and further challenged the genuineness of the will alleged to have been left by the last male-holder. After the filing of the suit, the plaintiff obtained a surrender of the estate from the widow and with the leave of the Court, converted his suit into one for possession. The question is, what is the proper court-fee payable?

2. The contention that a separate court-fee need not be paid in respect of the relief of declaration, as regards the alienations, is unfounded and I must reject it. The alienations being attacked, the declaration is an essential relief and to hold that it is either superfluous or unnecessary, is wrong. The plaintiff claims through the last male-holder and the question may arise, whether the declaration is a sufficient relief and whether he is not really bound to get the alienations set aside; but that question has not been r