LAWS(J&K)-1972-11-1

RAHIM KHAN Vs. GH AHMED WANI

Decided On November 30, 1972
RAHIM KHAN Appellant
V/S
Gh Ahmed Wani Respondents

JUDGEMENT

(1.) THIS Special Bench has been constituted by the Honble Chief Justice at the instance of my learned brother Mufti Baha -ud -Din Farooqi J. to consider the constitutional validity of the Court Fees Act, hereinafter referred to as the Act.

(2.) THE material facts leading to the constitution of the Bench are not disputed and may be briefly stated - On November 13, 1971, Rahim Khan son of Moma Khan resident of Gurgari Mohalla, Srinagar, hereinafter referred to as the plaintiff, brought a suit on the original side of this Court against Ghulam Ahmed Wani son of Ghulam Mohamad Wani of Syed Hamidpora, Nawab Bazar, Srinagar, hereinafter referred to as the defendant praying for a decree for:

(3.) AT the hearing of the case before us Mr. Tassaduq Hussain has reiterated the contentions raised by him before the learned Single Judge and has in support thereof relied upon the decision of the Supreme Court in Prem Chand Garg and another v. Excise Commissioner U. P. and others, A. I. R. 1963, S. C. 996.