( 1 ) THIS Special Bench has been constituted under Rule 1 (ii), Chap. II of the Appellate Side Rules for hearing the following question of law which has arisen in two Civil Orders under Section 115 of the Civil P. C. , 1908:"whether a suit for specific performance of a contract for granting lease together with a prayer for Delivery of Possession of the suit property should be valued under Clause (xii) (c) or under Clause (v) of Section 7 of the West Bengal Court-fees Act, 1970. "

( 2 ) ON 16th May, 1980, Sm. Dhiraj Bala Karia, instituted Title Suit No. 968 of 1980 in the City Civil Court at Calcutta, inter alia, for a decree of permanent injunction to restrain the defendant, M/s. Jethia Estates Pvt. Ltd. , from letting out to any person other than the plaintiff the ground floor and the first floor of Premises No. 21, Rupchand Roy Street measuring about 4330 sq. ft. The plaintiff averred that there had been an agreement between the plaintiff and the defendant for letting out the said suit premises to the plaintiff for 21 years with option for renewal for another 21 years, inter alia, on the following terms :-- (a) The rent would be Rs. 500. 00 per month. (