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1965 Supreme(AP) 150

SHARFUDDIN AHMED
ASMAL KHAN. – Appellant
Versus
MOHD. ABDUL GHANI SAHIB – Respondent


SHARFUDDING AHMED, J.

( 1 ) IN a suit filed by one Mohammed Abdul Ghani and some Muslims of the locality for possession of Trust Property the question for consideration was whe ther the court fee was payable under Sec. 27 of the Andhra Pradesh Court-Fees and Suits Valuation Act, 1956 or the provisions of Sec. 24 (a) were applicable.

( 2 ) THE learned Subordinate Judge,. Chittoor by his order dated 6th November, 1963 in O. S. No, 35 of 1960 held that as the Wakfs Board has also been made a party the court-fee paid is according to law under Section 27 of the Act. It is against this order that the present revision has been filed. On a perusal of the plaint, a copy of which has been made available, it appears that a suit has been filed by the 1st plaintiff as Mutawalli of Bakshi Mian dargah, situated at Seshapuram Street, Chittoor, in a representative capacity along with plaintiffs 2 to 4 as persons interested in the up keep of the Dargah. The contention is that the schedule properties belonged to Bakshi Mian Dargah,chittoor and the defendants who were in possession and management of the properties were selling the same without any manner of right. The prayer was to the effect that a de

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