BALARAM MANDAL Vs. SAHEBJAN GAZI

JUDGEMENT

(1.) THIS is a reference under Section 5, Court -fees Act and raises three questions for decision, viz., (1) whether one valuation should be put under Section 7(4)(c), Court -fees Act, subject to correction by the Court under Section 8(c), Court -fees Act; (2) where the defendant and not the plaintiff is before the Court, what is the procedure to be followed for valuing the relief and (3) whether Section 17(2), Court -fees Act as amended would apply to cases arising under Section 7(4)(c), Court -fees Act.

(2.) THE substance of the plaint, as it appears from the report of the Stamp Reporter, is that the plaintiff brought the suit out of which the appeal arises on the allegation that the disputed property belonged to one Akazaddin and others. The plaintiff purchased the same by a registered deed of sale for a consideration of Rs. 1,000 from the said Akazaddin and others in the benami of of his brother -in -law defendant 1. The plaintiff went into possession of the property purchased by him. Later on, defendant ,1 sold the disputed property to defendant 2 who in collusion with defendants 3 and 4, is trying to dispossess the plaintiff from the disputed property. The plaintiff accordingly brought the suit for declaration that defendant 1 is the benamdar of the plaintiff in respect of the disputed property and for a permanent injunction restraining the defendants from taking possession.

(3.) THE suit was decreed on contest.