NARSINGH DAS Vs. MIAN SAFIULLAH SHA

JUDGEMENT

(1.) THIS is a defendants' appeal arising out of a suit for possession.

(2.) THE suit was filed in the Court of the Civil Judge of Bahraich by the plaintiff in his capacity as sajjadanashin of Takia Kalan on 4-1-1946. The main relief claimed in the suit was for possession of a piece of land by demolition of the building standing thereon. The disputed land is enclosed by letters A E F B in the map of the commissioner, who was appointed by Court to prepare a site plan. For a better appreciation of the case, this area (A E F B) may be split in two portions, one lying within the letters A B C D and the other enclosed by letters C D E F. At the time when the suit was brought a completed pucca building stood on the land A B C D while on the other piece an incomplete building stood.

(3.) THERE is a Muslim religious endowment known as Takia Kalan in the city of Bahraich owning considerable landed property in the various muhallas of the town. The land described above is situate in Muhalla Chhaoni Bazar and is about a furlong or so from the main building of the takia. It is not disputed that the disputed land is endowed property belonging to Takia Kalan.