JUDGMENT :- This is a reference under S. 5, Court-fees Act and raises three questions for decision, viz., (1) whether one valuation should be put under S. 7(4)(c), Court-fees Act, subject to correction by the Court under S. 8(c), Court-fees Act; (2) where the defendant and not the plaintiff is before the Court, what is the procedure to be followed for valuing the relief and (3) whether S. 17(2), Court-fees Act as amended would apply to cases arising under S. 7(4)(c), Court-fees Act.

2. The substance of the plaint, as it appears from the report of the Stamp Reporter, is that the plaintiff brought the suit out of which the appeal arises on the allegation that the disputed property belonged to one Akazaddin and others. The plaintiff purchased the same by a registered deed of sale for a consideration of Rs. 1,000 from the said Akazaddin and others in the benami of his brother-in-law defendant 1. The plaintiff went into possession of the property purchased by him. Later on, defendant 1 sold the disputed property to defendant 2 who in collusion with defendants 3 and 4, is trying to dispossess the plaintiff from the disputed property. The plaintiff accordingly brought the suit for declara

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