R.N.Pyne, J. - (1.) A question concerning determination of the court-fees arises for consideration in this appeal which is directed against the judgment and order of Mrs. Khastgir, J. dated Feb. 11, 1980.
(2.) The plaintiffs-appellants filed Suit No. 402 of 1979 (Smt. Laxmi Moni Basak v. Kedar Nath Basak) concerning the trust property under a Deed of Settlement dated 9th Oct., 1934 executed by one Madhab Ballav Basak. The said Deed of Settlement was in respect of three properties namely, 350-A, 350-B and 350/1, Upper Chitpur Road (now known respectively Nos. 327/1, 327/2 and 325, Rabindra Sarani) Calcutta. It appears that by the deed of transfer dated 24th June, 1950 premises Nos. 350-A and 350-B, Upper Chitpur Road were transferred to and vested absolutely in the beneficiaries mentioned in the said deed. The trust is, however, still operating in respect of premises No. 350/1, Upper Chitpur Road (No. 325 Rabindra Sarani), Calcutta. It is stated in the plaint that the defendants Nos. 1, 3 and 4 are the present trustees. It is not necessary to refer in detail to the plaint. In the plaint the plaintiffs have made various allegations and charges against the trustee defendants regarding mismanagement and misappropriation of the trust property and/or funds as also for accounts. The prayers made in the plaint are as follows: "(a) Leave under Clause 12 of the Letters Patent. (b) The defendants Nos. 1, 3 and 4 be removed from acting as trustees of the Trust constituted by the Deed of Settlement dated October 9, 1934. (c) Perpetual injunction restraining the defendants Nos. 1. 3 and 4 from further acting as trustees of the aforesaid trust. (d) Decree directing the defendants Nos. 1, 3 and 4 to make full and faithful disclosure of their dealings with the aforesaid trust property. (e) Decree directing the defendants Nos. 1, 3 and 4 to render true, faithful and complete accounts of their dealings with the aforesaid trust property its income realisations and disbursements. (f) Decree directing the defendants Nos. 1, 3 and 4 to pay the amounts found due on such enquiry to the persons entitled thereto in accordance with their respective shares or to the Trustees or Trustees to be appointed herein. (g) Appointment of the trustees or trustees of the aforesaid trust and, if necessary, a direction vesting the trust property in them. (h) Direction upon the new trustee or trustees, if appointed to apply the income of the said trust property for the benefit of all beneficiaries in accordance with directions contained in the said deed of settlement dated October 9, 1934. (i) A Decree and/or order for sale of the aforesaid trust property and payment of the proceeds thereof to the persons entitled thereto in accordance with their respective shares after setting apart sufficient amounts for payment of annuity to the defendants Nos. 9 and 10 as mentioned in the plaint. (j) Framing of a Scheme for proper administration of the trust and suitable directions therefor. (k) Injunction. (l) Receiver; (m) Costs. (n) Further or other reliefs."
(3.) In paragraph 31 of the plaint it is alleged that for the purpose of jurisdiction the value of the suit exceeds Rs. 50,000/-. In paragraph 32 of the plaint it is stated that inasmuch as the reliefs cannot be valued the plaintiffs pay the fixed court-fee of Rs. 15/-as provided in Article 15 (VI) Schedule II of the West Bengal Court-fees Act, 1970 and the plaintiffs have further undertaken to pay additional court-fees, if required. Hence the fixed amount of court-fees of Rs. 15/- has been paid by the plaintiffs on the ground stated above.;