SAIYAD JABBARHUSEIN Vs. HASAN ABUBAKER MALBARI

JUDGEMENT

(1.) The petitioners are the applicants, being the trustees of Sunni Muslim Wakf Committee (Board). The opponents are the heirs and legal representatives of original opponent-Hasan Abubakar Malbari, who has expired during the pendency of the proceeding in the Small Causes Court and present opponents, as heirs and legal representatives of the deceased opponent, are before this Court.

(2.) The trustees of the aforesaid Wakf Committee instituted P.S.R.P. Application No. 25 of 1985 in the Small Causes Court, at Ahmedabad, under S.41 of the Presidency Small Cause Courts Act, 1882, against Hasan Abubakar Malbari, who has, during the pendency of the proceeding before the Small Causes Court, expired. It appears that, the premises owned by the original applicants/petitioners bearing M. C. No. 991/2 situated in the premises of Nawab Sujadkhan Masjid, opposite General Post Office, which comprised of a room, was given to the deceased-Hasan Abubakar as a Bangi in the Masjid. It appears that, he was discharged from his service with effect from 1st March, 1985 and was called upon to hand over vacant possession of the room in his possession as a Bangi. It also appears that his licence to remain in possession as Bangi of the said premises was also revoked and, thereafter, application under S.41 of the said Act came to be filed in the Small Causes Court. The learned Small Causes Court Judge, Shri A. S. Sanghvi (as he then was), now the City Civil Court Judge, at Ahmedabad, rejected the said application by judgment and order dated 6th July, 1992, on grounds which, prima facie, appear to be immaterial, irrelevant and not sustainable in law while deciding application under S.41 of the Presidency Small Cause Courts Act, 1882.

(3.) Being aggrieved by the said order of the learned Small Causes Court Judge, the original applicants have preferred the present Civil Revision Application under S.115 of the Code of Civil Procedure.