1. WHAT court-fee will be paid on a memorandum of appeal presented after May 3, 1963, when the Court-fees (West Bengal Amendment) Act, 18 of 1963, came into force, though the suit out of which the appeal arises was instituted before such amendment ? That is the question debated in this rule, obtained by the defendant-appellant, Narayan Chandra Ghosh under section 115 of the Procedure Code (5 of 1908).

2. HERE are the facts. In 1960, Sm. Provamoyee Roy Chowdhury and her two sons, the opposite party before me, raised a suit in the court of a munsiff for recovery of khas possession of the disputed land, admeasuring 63 decimals, after eviction of Narayan Chandra Ghosh, the petitioner here, a mere licensee without licence fee. A suit as this was valued at Rs. 510. On the objection of Narayan qua defendant, presumably following the authority of the Special Bench decision of this court in (1) Sisir Kumar Dutta v. Sushil Kumar Dutta, (1960) 65 CWN 1, the valuation was raised to Rs. 5,100, with the result that the plaint had to be, and was, returned on December 22, 1962, for presentation to the proper court. It was presented in the court of a subordinate judge that very day, and de