JUDGMENT

Costello, J. - This Rule was obtained on behalf of one Salina Sheehan who is the defendant in a suit brought against her by Hafez Mohommed Fateh Nashib, the opposite party in these proceedings. The Rule was directed against an order made by the Subordinate Judge, 1st Court, 24-Pargannas, on 2nd December 1931.

2. It appears that the suit out of which this matter arises, was brought by Hafez Mohammad Fateh Nashib on the allegation that he was entitled to be the muttawali of certain properties of which a house No. 1, Store Road, Ballygunge, in the possession of the defendant Selina Sheehan is said to have formed part. We are told that, in fact, Mrs. Sheehan has been in possession of this particular property for a space of something like 12 years. She purchased it from certain persons and subsequently there was a suit in the Alipur Court the judgment in which in effect decided that the property in question had been lawfully alienated and acquired by Mrs. Sheehan. In the present suit we are not concerned with the actual merits of the case. The plaintiff had originally, for the purposes of court-fees, put a valuation upon the property in dispute of Rs. 5,100 and upon that footing