N. C. MUKHERJI, J.

( 1 ) THIS Rule was issued on an application under Section 115 of the Code of Civil Procedure and is directed against Order No. 18 dated 25th May, 1974 passed by Sri A. N. Mitra, Additional District Judge, 4th Court, Alipore, in Title Appeal No. 530 of 1973. By the above order the learned Additional District Judge held that the appeal was maintainable in his court and directed the appellant to pay the deficit court-fees. Being aggrieved, the appellant has come up before us.

( 2 ) THE facts of the case may briefly be stated as follows :--The opposite parties 2 to 4 brought a suit. The plaint case is that the suit property comprising 13 decimals of land with pucca building thereon belonged to Ambika Charan Pramanik, now deceased, the husband of the defendant No. 1 and Gurupada Pramanik in equal shares. Ambika died leaving behind the defendant No. 1 as his widow who inherited 8 annas share and continued to possess the same in ejmali with Gurupada Pramanik who owned the remaining eight annas share. The defendant No. 1 thereafter by a kobala sold her above share in respect of the suit land and other properties to the plaintiffs Nos. 2 to 4 who thereafter on amicable

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