NAZIM ALL Vs. ANJUMAN ISLAMIA CHHATAARPUR

JUDGEMENT

(1.) Anjuman Islamia, Chhatarpur (Respondent No. 1) filed a suit (Civil Suit No. 2-A of 1974) on the file of the District Judge, Chhatarpur in Madhya Pradesh for declaration that the suit property known as 'Badi Takia' described in plaint sketch Ex-P-2 except for a plot measuring 6' x 6' situate in it is wakf. In respect of this property there are three rounds of litigation.

(2.) First of them was brought by Tegh Ali and Wajid Ali by way of a suit filed on April 4, 1959 which was numbered C.S. 28 of 1960 in the court of the Civil Judge, Chhatarpur for declaration, possession and damages against the respondents on the ground that they were owners of the whole property known as 'Badi Takia' for over 250 years and the respondents had without consent of plaintiffs had put their Tazia on the land. The Civil Judge II Class, Chhatarpur decreed the suit declaring that the plaintiffs are title holders, owners and occupiers of 'Badi Takia' and the respondent had committed trespass by keeping their Tazia on the suit land. In the appeal referred against that decree the Appellate Court reversed the decree of the Trial Court and held the property to be wakf property. The matter was carried successfully further in second appeal to the High Court. As against the judgment in the second appeal, an appeal was filed in this Court being Civil Appeal No. 2527 of 1966 which was dismissed upholding the judgment of the High Court in second appeal.

(3.) Second round of litigation was commenced thereafter by the respondents seeking recovery of Rs. 597.71 paisa for repairs of Mosque against defendants in the suit, Munshi Tegh Ali, Mohammad Jakir and others, regarding fund collected for repair of Mosque. The Trial Court held that the Mosque is a wakf property but was not maintained by Anjuman Islamia and, therefore, dismissed the suit.