IQBAL HASAN Vs. SUNNI CENTRAL BOARD

JUDGEMENT

(1.) THIS is an appeal by the plaintiffs arising out of a suit for possession of a Dargah known as Dargah Khawaja Karak situate in a village near Kara. The plaintiffs also sought a dec laration that they are the lawful Khadim mutwallis of that Dargah.

(2.) THE plaintiff's case was that Hazrat Khawaja Karak was a well known Sunni Muslim saint and that his Dargah is visited by pilgrims throughout the year and that one Babu Shah Qalandar. who was the predecessor of the plaintiffs, was the Khadim of the Dargah and that after Babu Shah Qalandar his descend ants held the office of khadim and had been managing the affairs of the Dargah Paragraph No. 3 of the plaint may be reproduced because the learned counsel for the appellants have based their main contention on that paragraph. Paragraph No. 3 of the plaint reads as follows:-

(3.) DEFENDANT No. 1, Sunni Cen tral Board of Wakf, hereinafter called the Board and Syed Shah Neyaz Ashraf" defendant No. 5. filed a joint writte am statement and a similar written statement was filed by defendants Nos. 2, ( and 7. In defence it was admitted that I the four villages referred to in the plaint B were wakf property and were meant foci the maintenance of the Dargah Karak. It was placed that defendant Nos. 5 and 6 and their predecessors were mutwallis and Saj.iadanashins of the Dargah. It was also pleaded that the I plaintiffs were neither the descendants oil Babu Shah Qalandar nor was Babu Shah I Qalandar the mutwalli of the Dargah and I it was further denied that plaintiffs were I either khadims or mutwallis of the I Dargah. It was further pleaded that the I suit was barred under Section 26 of the I Specific Relief Act and was also barred I by limitation and by the principles of I estoppel and acquiescence.