JUDGMENT

Mookerjee, J. - This is a Reference under sec. 5 of the Court Fees Act, in an Appeal from Appellate Decree, which arises out of a suit for specific performance of a contract to grant a lease. The suit which was instituted on the 27th August 1915 in the Court of the Subordinate Judge of Midnapur was valued at Rs. 1,200 for the purpose of determining the jurisdiction and at Rs. 32 for the purpose of payment of Court-fees. The claim was decreed in the Court of first instance and the first Defendant was directed to execute in favour of the Plaintiff's a lease for the disputed land on a fixed rental of Rs. 32. On appeal to the District Judge, the decision of the primary Court, was reversed on the 17th January 1918 and the suit was dismissed. On second appeal to this Court, the decree of the District Judge was set aside and the case was remanded for retrial. After remand, the District Judge reheard the appeal and affirmed the decree of the Court of first instance. Against this decree a second appeal has been preferred to this Court. The appeal has been valued at Rs. 32 which is the amount of rent annually payable for the contract of tenancy sought to be specifically enforced. Thi