JUDGMENT

Biswas, J. - The only question which arises in this Rule is one of court-fees. The Petitioners are two in number, and they instituted the suit out of which the Rule arises in the Court of the District Judge of Dacca, describing it as a suit under sec. 92 of the Code of Civil Procedure, in respect of an alleged public wakf for religious and charitable purposes, paying a fixed court-fee of Rs. 15 on the plaint under cl. (vi) of Art. 17 of the Second Schedule of the Court Fees Act. The learned Additional District Judge held that the suit was in substance one for a declaratory decree with a prayer for recovery of possession, and in that view directed payment of ad valorem court-fees under sec. 7, cl. (iv), sub-cl. (c) of the Act. It is against this order that the present Rule is directed. The wakf is said to have been founded in the days of Moghul Rule by Nawab Sayeshta Khan, a Subedar of Bengal, comprising extensive properties in Dacca Plaintiff No. 1 claims to be a direct descendant of the founder in the male line, and the second Plaintiff is his son. It is stated that on November 22nd, 1937, the wakf was duly enrolled in the register of wakfs under the Bengal Wakf Act, 1934,