( 1 ) IN this Rule which has been obtained by the plaintiff the only question is what should be the court-fee payable by the plaintiff. The plaintiff instituted a suit for recovery of possession as mutwalli of certain properties described in the plaint. The plaintiff's case is that the subject-matter of the suit formed part of a public Wakf created as far back as 1876 and 1880 and that certain persons while acting as mutwallis illegally transferred certain properties, some of which form the subject-matter of the suit treating them as secular properties. The plaintiff seeks to recover possession of those properties as mutwalli on the ground that they are wakf properties and that the alienations are unauthorised. In the plaint the plaintiff valued the relief at Rs. 12,000/- and paid court-fees on that basis. At the hearing a preliminary issue was raised as to the sufficiency of the court-fee and during the trial of this issue certain papers relating to the valuation of the property were filed from the office of the Corporation of Calcutta and the plaintiff also conceded that the market value of the properties would be Rs. 40,000/ -. The learned Subordinate Judge forthwith