ORDER :- This revision is directed against the order of the learned Civil Judge, Bara Banki, rejecting the report of the applicant, the Chief Commissioner of" Stamps, U.P. made in a declaratory suit. The Chief Inspector claimed that the plaint was taxable under S.7(iv-A), Court-fees Act and there was a deficiency of Rs.615/10/- in the court-fee stamp. The plaintiff who is the liquidator of the Bank of Upper India Ltd., prayed for the following reliefs in his suit :

(a) A declaration to the effect that a previous decision of the District Waqf Commissioner, Bara Banki, was ultra vires, erroneous and bad;

(b) A declaration that there is no such waqf as was found by the District Waqf Commissioner, Bara Banki, to have been constituted under the will of Chaudhri Sarafraz Ahmad.

(c) Award of costs of the suit, and

(d) Such further and other reliefs as the nature of the case may justify or demand.

2. From the allegations contained in the plaint it would appear that Chaudhri Sarfaraz Ahmad who was the taluqdar of Bhilwal, Khanpur and Sikandarpur taluqas within the meaning of the Oudh Estates Act (1 of 1869) executed a will on 3-5-1870, expressing a desire that a sum of Rs.2000/- per annum should

Click Here to Read the rest of this document