P.B.Mukharji, J. - (1.)This is an application under Section 115 of the Code of Civil Procedure. It raises an interesting question of Court Fee on the Court Fees (West Bengal Amendment) Act, 1963 (West Bengal Act XVIII of 1963).
(2.)This Rule was obtained by the petitioner on the 13th December, 1965 against the order of the learned Subordinate Judge passed in the suit for determination of the preliminary issue being issue No. 3 on Court-fees Act. The petitioners who were the plaintiffs filed the suit against the defendants on the ground of revocation of a license. The license relates to a tank fishery locally known as "Nalbon Fishery", situated at Kautatolla Chandi Bose's Abad under police Station Bhangore, within the district of 24-Parganas including an area of about 191 acres. A licence was granted to the father of the defendants in the month of Magh 1356 B.S. for pisci-culture or other rights to grow and culture fish in the water of the said tank fishery. The licence to begin with was for one year commencing from 1st of Falgoon 1356 B.S. till the last day of the month of Magh 1357 B.S. The licence fee payable was Rs. 181. The purpose of the licence was to use the water of the tank fishery for rearing and catching fish and for no other purpose. On the death of the father of the defendant, the defendant was permitted to continue this licence in his place till the end of Magh 1357 B.S. on the same terms and conditions. With the end of the month of Magh 1357 B.S. the defendant was granted a fresh licence for the year commencing from Falgoon 1357 B.S. till the end of Magh 1358 B.S. with similar rights as aforesaid on condition of payment of Rs. 20,000 as licence fee. Thereafter, the defendant was granted a similar licence twice each time for one year only. For the last time, the defendant was granted a similar licence with such rights and on the condition of payment of Rs. 22,000 as licence fee for the year from Falgoon 1368 B.S. till the end of Magh 1369 B.S. the plaintiffs determined and revoked that licence on the expiry of the month of Magh 1361 B.S. by a notice dated 13th Falgoon, 1361 B.S. asking the defendant to vacate the property and to give possession thereof to the plaintiffs. On the refusal of the defendant the present suit was filed being Title Suit No. 43 of 1965 in the Court of the Subordinate Judge at Alipore for recovery of possession and mesne profits and also for damages.
(3.)Three dates may be noticed at the outset as the arguments materially turned upon such dates. As will be seen from the dates, the licence was revoked on or about the 12th February, 1955. The amendment of the Court-fees Act came into force on the 3rd May, 1963. The present suit was filed on the 5th May, 1965. It will be convenient to bear these dates in mind to determine their impact in the arguments advanced before us.