( 1 ) THIS unfortunate case has had a very chequered history in this Court and, though it was filed as far back as 1940, even a preliminary question about the proper court-fee payable on the memorandum of appeal remains undecided.

( 2 ) THE plaintiffs filed a suit for declaration that a sale-deed dated 6-7-1921, executed by Mt. Aliman and Niazan, mothers and certificated guardians of the plaintiffs, was null and void as against the plaintiffs and claimed possession and mesne profits. The main ground was that the certificated guardians of the minors had not obtained the sanction of the Court before transferring the property. The suit was filed in forma pauperis and it was decreed on condition of the plaintiffs paying to the defendant Rs. 344-12-0 out of which a sum of Rs. 128-12-0 was to be credited to Government on account of the court-fees payable on the plaint. The defendant filed an appeal in the lower appellate Court and he paid a court-fee of Rs. 15 in respect of the relief for declaration and an ad valorem court-fee of Rs. 9-12-0 on the amount of Rs. 128-12-0 which was made payable to the Government out of the sum of Rs. 344-12-0 awarded to the defendant-appellant