Judgment.- 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 rights in the land which were only that of a tenant holding over to the second defendant. This appears to be a fair reading of the plaint which in the circumstances would not justify an inference that the plaintiff was seeking to recover possession from a trespasser who was putting up an adverse title. Even enhanced court-fee can be paid on a plaint originally filed on the footing of landlord and tenant if one of the defendants puts up a defence of adverse title and challenges the plaintiff’s position as landlord. In such a case the plaintiff can amend his plaint and pay the necessary additional court-fee under section 7, clause (v) (d) of the Court-fees Act for recovery of possession. Even according to the written statements filed, there is nothing to indicate that either the first defendant or the second defendant in any way challenged the position of the plaintiff as the usufructuary mortgagee entitled to possession. The second defendant in his written statement pleaded that he purchased the land by a registered sale deed from the first defendant who undertook to discharge the mortgage in question. The second defendant in his written statement pleaded that he purchased the land by a registered sale deed from the first defendant who undertook to discharge the mortgage in question. He at the same time pleaded that the first defendant had not put him into possession at all. There is a curious allegation in paragraph 10 of the written statement to the effect that the suit was brought by the plaintiff against the second defendant maliciously at the instigation of and in collusion with the first defendant. One of the decisions relied on by the court-fee examiner is Hiralal Banerjee v. Surendranath Sarbanga1, decided by Chakravarthi, J., where the plaintiff asked for a declaration of title and also for relief against one of the defendants on the footing that he was a trespasser. It was held that the suit did not come within the scope of section 7(1) of the Court-Fees Act. In the present case the second defendant was certainly not impleaded as a trespasser but more in the capacity of a sub-tenant from the original tenant who was holding over. There is some support for this view in Shanmugka Nadar v. Kandaswami Nadar2. Mr. Narasimharaju for the Government Pleader has referred me to Balasidhantam v. Perumal Chetti3, which lays down that the question of title cannot be gone into in a suit for rent brought under section 7(xi)(cc) of the Court-Fees Act. As I read the plaint I find that no question of title is raised. If it arises at the trial it will not be gone into by the trial Court. This petition is allowed and the lower Court’s order set aside without any order as to costs. V.P.S. ------------- Petition allowed.