A simple point of court-fee is raised in this Civil Revision Petition. The petitioner is the plaintiff who sued the two defendants for arrears of rent amounting to Rs. 126-0-3 and recovery of possession of the land on the basis of the relationship of landlord and tenant valuing the suit for purposes of court-fee under section 7, clause (xi) (cc) of the Court-Fees Act. The District Munsiff upheld the objection taken by the court-fee examiner that ad valorem court-fee should be paid under section 7, clause (v) (d) of the Court-Fees Act.

Court-fee has to be determined in the first instance on the plaint averments. According to the plaint the original owner of the land was the first defendant who executed an usufructuary mortgage on it in favour of the plaintiff. A year later the plaintiff leased it back to the first defendant for one year. The plaint alleged that the first defendant continued therefore in possession as a tenant holding over and further more that the second defendant had purchased the land from the first defendant subject to the usufructuary mortgage. These averments reasonably and liberally construed simply mean that the first defendant had conveyed his right