The Chief Justice.-

The respondents and their brother, Pedda Gangappa, were members of a joint Hindu family. The family became divided in 1913 and, according to the respondents, the lands forming the joint estate were divided between the brothers. Pedda Gangappa died in 1933. These petitions arise out of suits filed by the respondents in the Court of the District Munsif of Bellary to recover the. properties which had been allotted to them at the partition. Each alleged that he had been given possession of his share but had been dispossessed by the petitioner, an alienee from the widow of Pedda Gangappa. The reliefs sought were valued at ten times the land revenue which was payable. The petitioner contended that the respondents were bound in law to value the reliefs asked for in accordance with the market values of the properties claimed by them and consequently he asked the District Munsif to appoint a Commissioner to ascertain the market values. The respondents objected. They said that by reason of the decision of this Court in Subramania Aiyar v. Rama Aiyar1, they could only be compelled to pay court-fees on the basis of the land revenue paid by them. The District Munsif accepted

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