Choudhary, J.

1. This application by the plaintiff arises out of a Court-fee matter. The petitioner instituted a suit for a declaration that the sale-deed executed and registered on the 10th September 1952, by his mother with respect to the suit property is void ab initio, and, that the defendant has not acquired any right, title or interest to the said property by virtue of the sale. The peripatetic Stamp Reporter of this Court reported that the plaintiff was liable to pay ad valorem Court-fee. The learned Subordinate Judge, after hearing the parties, accepted the above report and called upon the petitioner to pay ad valorem Court-fee by his order dated the 10th December 1955. Against that order, the present application has been made in this Court.

2. The case of the petitioner, stated shortly, is that his mother was the owner and the proprietor of the dispute a property which included a house, and the defendant was a tenant in one of the rooms of the said house. After the death of the mother, the petitioner was informed that the document had been executed by his mother in favour of the defendant sometime before her death, and the said document had been registered without