JUDGMENT

Tottenham and Ameer Ali, JJ. - This is a rule to show cause why the decree passed by the Munsif of Madaripur, ostensibly u/s 9 of the Specific Relief Act, should not be set aside. The grounds upon which the rule was obtained were that upon the face of the plaint it was clear that, although Section 9 of the Specific Relief Act was cited in the plaint as the law under which relief was sought, the prayers contained in the plaint clearly do not all come under that section; and that the decree passed by the Munsif went beyond a mere possessory decree sanctioned by that section.

2. We think that this is so. The plaintiff sued to recover possession of a certain portion of land of which he said he was dispossessed by the defendants, and he went on to ask that the defendants might be ordered to pay over to him the cost of removing certain huts erected by them, and of filling up excavations made. These prayers are beyond the scope of Section 9 of the Specific Relief Act; and the decree passed by the Munsif, providing that the costs of removing the huts and filling up excavations should be ascertained in execution of the decree and be made payable by the defendants, is also in our opin