Khosla, J.

1. The following question has been referred to the Full Bench: "Whether the valuation for court-fees of a suit to set aside a decree where in execution of such decree property has been sold and possession given, and where recovery of possession of the property so sold is sought in the suit, falls under Section 7 (iv) (c) of the Court-Fees Act, and if not what court-fee is payable?"

2. The matter arose in the following manner. The plaintiff Vishwa Nath, a minor, brought a suit for a declaration, that two decrees passed on the basis of awards were null and void as against him. He also prayed for possession of the property affected by the decree by way of consequential relief. This property belonged to the plaintiffs father, Kahan Chand and he effected a mortgage in favour of Shrimati Sita Bai for a sum of Rs. 20,000/-. The transaction was the subject-matter of an award which was made a rule of the Court. A decree in ferms of this award was passed by the Senior Sub-Judge, Amritsar, on the 21st of August 1945. Execution of this decree was taken out but the mortgaged property has not so far been sold. A second award was also made in favour of Shrimati Sita Bai and thi