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Moulvi Bazlar Rahman Choudhury – Appellant
Versus
Commissioner of Wakfs – Respondent
JUDGMENT
1. The question in this appeal is whether a legal demand has been made upon the plaintiff to pay the sum of Rupees 2175 as additional Court-fees. If the demand is a legal one the order for rejection of the plaint passed by the Court below cannot be re-opened. If however the said demand was not a legal one the order cannot stand. Two jotes held under the Government fell into arrears. A sale was held by the Government under the provisions of the Public Demands Recovery Act. There being no bidders the Government purchased each of the jotes at one pice. Thereafter the Government settled the said jotes with Obaidul Huq Chowdhury. The plaintiff's case is that the original settlement-holder under the Government, one Fateh Ali Chowdhury, had created a wakf of those two jotes long time ago, that the sale by the Government had not affected the wakf because Jariman Bibi, the widow of Fateb. Ali Chowdhury against whom certificate proceedings had been taken had not been made party therein as mutwali of the wakf. The plaintiff on the allegation that he is interested in the wakf in the sense that he is a worshipper of the mosque and the manager of the wakf estate has instituted this suit.
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