( 1 ) THIS is an application under Section 115 of the Code of Civil Procedure. It raises an interesting question of Court Fee on the Court Fees (West Bengal Amendment) Act, 1963 (West Bengal Act XVIII of 1963 ).

( 2 ) THIS Rule was obtained by the petitioner on the 13th December, 1965 against the order of the learned Subordinate Judge passed in the suit for determination of the preliminary issue being issue No. 3 on Court-fees Act. The petitioners who were the plaintiffs filed the suit against the defendants on the ground of revocation of a license. The license relates to a tank fishery locally known as "nalbon Fishery", situated at Kautatolla Chandi Bose's Abad under police Station Bhangore, within the district of 24-Parganas including an area of about 191 acres. A licence was granted to the father of the defendants in the month of Magh 1356 B. S. for pisci-culture or other rights to grow and culture fish in the water of the said tank fishery. The licence to begin with was for one year commencing from 1st of Falgoon 1356 B. S. till the last day of the month of Magh 1357 B. S. The licence fee payable was Rs. 181. The purpose of the licence was to use the water