( 1 ) THE Taxing Officer has referred the question as to whether the Court-fee on this appeal is payable as per Amendment Act No. 4/1976, which came into force on 1-3-1976, during pendency of the suit in the trial Court.

( 2 ) THE plaintiff filed the persent suit on 1-10-74 for possession of 1. 02 acres out of Khasra No. 132/1, area 1. 98 acres in Budhena Khurd, Tahsil and District seoni. The plaintiff originally claimed permanent injunction only and valued the claim at Rs. 300/- and Court-fee by stamp of Rs. 30/- was paid. By Amendment relief for possession was claimed in the alternative and valued the claim at Rs. 6000/-, being the market value and paid Court-fee by stamp of Rs. 600/-, as the suit land is not separately assessed to land revenue nor it is a definite share of the land revenue paying estate. The trial Court dismissed the suit on 28-2-77 holding that defendant is the owner and in possession of the suit land. In appeal, the decree has been affirmed by the lower appellate Court on 19-11978. The second appeal has been confined only to the claim for possession but it has been valued at Rs. 40/-, taking advantage of the Amendment Act No. 4/1976, under which if the land is

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