Curgenven, J.

1. The petitioner in this Civil Revision Petition sued for a declaration of his title to a certain property and for an injunction to restrain the defendants from interfering with his possession. One Vedantam Ayyangar, who died in May 1927, executed in September 1925 a settlement deed in respect of the property in favour of two daughters of a daughter. The plaintiff as the son of another daughter and as such claiming to be Vedantams heir, alleges that this settlement deed was a mere sham, contrived as a defence against a maintenance claim, and that no property was intended to pass. Accordingly in bringing his suit he did not ask to have the deed set aside, and paid a Court-fee of Rs. 50 under Section 7 (iv) (c), Schedule 2, Court-fees Act, being the amount at which he valued the relief asked for by way of declaration and injunction. The learned District Munsif of Ambasamudram, in the order against which revision is sought, has held that the plaintiff was bound to get the document set aside before becoming entitled to the other reliefs.

2. The terms of the plaint make it quite clear, in my view, that the settlement deed was to be treated as evidencing a fictitious