HAKIM MOHD. ABUL FATEH Vs. HAKIM ABUL FARRAH

JUDGEMENT

(1.) THIS appeal has been preferred by Hakim Mohd. Abul Fateh (who was defendant No. 2 in the suit) against the judgment and decree of Hon'ble Single Judge of this Court dated 30th November, 1971 passed in suit No. 386 of 1966.

(2.) THE suit was filed by Hakim Abul Farrah (Plaintiff in the suit) against (1) the Delhi Wakf Board and (2) the appellant Hakim Mohd. Abul Fateh, as defendants Nos. 1 and 2, for declaration about the character of certain properties and claiming himself to be the joint mutwalli, as hereinafter mentioned. Plaintiff and defendant No. 2 are the real brothers, latter being the elder brother.

(3.) THE plaintiff has not come in appeal and as such the findings given by the Trial Court against him have become final. Defendant No. 2 had not disputed in his written statement that the Dargah was a Public Wakf. The controversy,. however, is whether the plaintiff was a joint Mutwalli along with defendant No. 2 in respect of these properties. Defendant No. 2 had claimed that he was the sole Mutwalli of these properties and he has come in appeals challenging these findings. The case has been shown in cause list of this Court since long. No one has come to deal with the matter on behalf of respondents, i.e., Delhi Wakf Board and the original Plaintiff. After hearing Mr. Andley we had orally pronounced order on 15th April, 1996. However, when the judgment was being finalised we thought it necessary to obtain further clarification and got the matter relisted. We further heard Mr. Andley on 23.5.1996 and obtained his clarification.