SRI S A JAWWAD Vs. MAQSOOD JAHAN BEGUM

JUDGEMENT

(1.) THIS is a defendant' s appeal under O. 43, R. 1, C.P.C. and is directed against the order dated 2-2-1977 passed by the III Additional District and Sessions Judge, Allahabad on an application made by the plaintiff-respondent No. 1 for removal of the appellant No. 1 from the post of Receiver to which he had been appointed by an order of the High Court.

(2.) THE facts leading to the impugned order may be briefly stated. THE plaintiff-respondent No. 1 had filed Suit No. 55 of 1971 for possession and mesne profits of the property in suit, consisting of bungalow No. 29/30 Kanpur Road. It was stated in the plaint that the said property belonged to Smt. Mahmood Jahan Begum, sister of the plaintiff-respondent No. 1, that Smt. Mahmood Jahan Begum died on 29-3- 1968 leaving behind the plaintiff- respondent No. 1 and defendants Nos. 3 and 4 as her heirs and they inherited the said property on the death of Smt. Mahmood Jahan Begum. It is also stated in the plaint that the defendant No. 1 was claiming the said property on the allegations that it was a waqf property under a deed of Waqf dated 9-11-1966 and that he was the Mutwalli thereof. According to the plaintiff- respondent No. 1 the said deed of Waqf was invalid on the ground that it was obtained under undue influence and that the land on which the aforesaid building was constructed being a leasehold land could not be dedicated under the Mohammadan law. THE Waqf deed was assailed on sundry other grounds as well.

(3.) THE defendant No. 1 Syed Ahmad Jawwad feeling aggrieved by the above order filed First Appeal From Order No. 311 of 1973 in this Court. In appeal this Court modified the order of the trial court by its order dated 31-1-1974. THE operative portion of the order is relevant and reads as under: " THE result is that this appeal partly succeeds to the extent that the appoinment of Sri Mohd. Islam Ansari, Advocate is set aside and Sri Syed Ahmad Jawwad is appointed Receiver. THE rest of the order under appeal shall stand."