Law:

Section:

Court-fees Act (VII of 1870)------------S. 7 (iv) (c), Schedule II Art. 17 (iii)-Reliefs claimed : (1) Declaration that suit pro­perty is waqf (2) and (3) Declaration that certain alienations of suit property void against waqf (4) Declaration that a certain Limited Society's order of forfeiture of certain shares included in waqf void and by way of consequential relief cancellation of such order-Held, Reliefs (1), (2), (3) simple independent declarations each covered by Art. 17 (iii) of Schedule II Relief (4); Declaration with consequential relief to be taxed for Court-fees under S. 7 (iv) (c)-Consequential relief. The reliefs sought in a suit were: 1. A declaration that the suit property (certain shares in a Limited Society) is waqf. 2. A declaration that the alienation of 66 shares in favour of one Mst. Sakina Begum is void and ineffectual against the waqf property. 3. A declaration that the alienation in favour of one Mohan Lal is similarly void and ineffectual against the waqf property. 4. A declaration that the order of forfeiture of 198 shares by the Society is void, illegal and ineffectual against the waqf property, and, by way of consequential relief, the issue of an injunction to the Society to cancel its resolution , of forfeiture. The basic declaration that the property is waqf has the effect of giving locus standi to the plaintiffs to call in question any alienations of the property which are contrary either to the law of waqf or to the general law. Such a declaration falls to be taxed under clause (iii) of Article 17 of the Schedule II to the Court-fees Act. The two declarations sought in respect of the alienations of 66 shares first to Mst. Sakina Begum and then by Mst. Sakina Begum to Mohan Lal, are not sought as consequential reliefs, in relation to the first declara­tion. They are claimed, and must be claimed, independently of the first declaration' except to the extent that the latter declaration, if granted, furnishes locus standi. From the first declaration, if granted, it will not follow as a matter of course that these alienations will be avoided, but certain facts will require to be established, in order to procure this result.…

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