KARNATAKA BOARD OF WAKFS Vs. JOHARMAL JAWANJI

JUDGEMENT

(1.) Both the petitions are directed against the order dated 29-10-1988 in O.S. No. 1131/82; by the said order the X Additional City Civil Judge, Bangalore, has directed the plaintiff to pay Court fee on Rs. one lakh, the value of tha subject matter as stated in the plaint.

(2.) C.R.P. No. 875/89 is filed bythe Karnataka Board of Wakfs (hereinafter called as 'Board'), who is plaintiff in O.S. No. 1131/82. C.R.P. No. 5271/89 is filed by Joharmal Jawanji and Central Muslim Association, who are defendants in the said suit; while the plaintiff claims complete exemption from payment of Court-fees, the defendants contended that the market value of the property, on the date of suit, is much more than Rs. one lakh. They contended that the Court below could not have accepted the valuation as given in plaint, but should have determined the market value, on the date of suit, after recording evidence.

(3.) The property is described thusin the plaint Schedule : "Premises bearing Old Nos. 33 and 36 and now No. 204/1 situated at Arcot Srinivasachar Street, Bangalore-53, bounded as below :- East : Arcot Srinivasachar Street West : Private property South: -do- North: -do- Measuring EastWest = 32 ft. NorthSouth-44 ft.".