( 1 ) THE question which has to be decided in this appeal is whether a will is, after the death of the testator, an instrument securing property within the meaning of Section 7 (IV-A), Court-fees Act, as amended by the U. P. Court-fees (Amendment) Act, 1938. The appellant filed a suit for the recovery of possession over certain immoveable property to which he claimed to be entitled by inheritance. The respondents contested the suit, their contention being that the property in dispute had been bequeathed to them under the will of Mahant Indergir, who was admittedly the former owner of the property. The trial Judge was of opinion that the relief sought by the appellant necessarily involved the cancellation or adjudging void of the will and he held that the court-fee must accordingly be calculated in accordance with the provisions of Section 7 (IV-A ). The appeal came in the first instance before Kidwai J. who being of -opinion that the question was of a considerable importance and the decisions of this Court were not consistent, referred it to a Bench.

( 2 ) SECTION 7 (IV-A), Court-fees Act, so far as it is relevant, makes provision for the payment of court-fees in a sui