MOHAMMAD WASIUL HAQUE Vs. JAGARNATH CHAUDHURY

JUDGEMENT

(1.) This is an application against the order of the Court below demanding ad valorem court-fee under Section 7(iv) (c) of the Court-fees Act, failing which the plaint and the memorandum of appeal have been directed to be rejected, and a letter has been directed to be written to the District Magistrate for realising the same from the plaintiff.

(2.) The suit is for setting aside a decree passed against the plaintiff in Rent Suit No. 2683 of 1933 and of the sale of some 8 bighas 13 Kathas 13 dhurs of land in execution of the said decree.

(3.) The first relief asked for is for setting aside the decree and the sale in pursuance of which the defendant had never obtained possession and the plaintiff, it is alleged has always been in possession and in that view of the matter, the efforts at interference with the plaintiff's possession by the defendant are wrongful. The second relief is that, in view of the first relief, mentioned above, the decree and the sale referred to above be set aside. There was a third relief also to the effect that, in case the plaintiff be deemed to have been out of possession, a decree for recovery of possession be passed.