WAZIRABI Vs. ABDUL GAFOOR

JUDGEMENT

(1.) A short question that arose for consideration before the principal munsiff at bijapur was "whether defendants 1 to 6 further prove that the plaintiffs have not paid proper and sufficient court fee?".

(2.) THE plaintiffs have filed a suit original suit No. 1 of 1986 for the relief of declaration that the plaintiffs are in lawful possession of the suit premises in the capacity as tenants and also for the relief of declaration that the suit properties are the wakf properties and the consequential relief of permanent injunction against defendants 1 to 6 restraining them from interfering with the lawful and peaceful possession and enjoyment of the suit properties by the plaintiffs.

(3.) THE only contention of the petitioner before the trial court was that the declaration that the suit properties are wakf properties would attract Section 44 of the Karnataka Court Fees and Suits Valuation Act, 1958 (hereinafter the 'act' ).