Venkatasubba Rao, J.

1. In the appeal that we have just disposed of, a question of court-fee has been raised on behalf of the Government under Section 12(ii) of the Court-Fees Act.

2. The suit is in effect one for partition and possession, brought by the plaintiff against his co-sharers. He claimed in the plaint two separate shares, each of one-eighth, on the ground that he purchased them from two different co-owners. He fixed the total value of the entire one-fourth share at Rs. 14,000 and paid in respect of the relief of "partition and separate possession" of that share, Rs. 100 as court-fee under Schedule II, Article 17-B (Madras Amendment) of the Court-Fees Act.

3. It must be mentioned that previous to the suit, he had applied to the Collector for separate registration, which was refused. He therefore prayed for a declaration that he was entitled to get himself registered as a landholder to the extent of the one-fourth share. In respect of this relief he paid a court-fee of Rs. 100 under Schedule II, Article 17-A (Madras Amendment).

4. Thus, the plaintiff paid on his plaint in respect of these two reliefs Rs. 200 as the court-fee. Here on the memorandum of appeal also, he p