RAM KISHNA Vs. RAMJANKI SHIVA PARBATI MAHARAJ

JUDGEMENT

(1.) This is a revision under Section 115, Civil P. C. against an order of the learned Civil Judge of Allahabad dated 10-12-1848.

(2.) A suit was tiled in the Court of the learned Civil Judge in 1947 in which the issues that were framed by his predecessor were as follows : 1. Whether Baijnath was the owner of the property in suit ? 2. Whether Baijnath dedicated the property in suit in favour of the plaintiffs ? Whether the waqf was acted upon ? 3.Whether the suit is barred by Articles 142 and 144, Limitation Act ? 4. Whether the court fee paid is insufficient ? 5. Is the suit barred by Section 42, Specine Relief Act ? 6. Whether the plaintiffs are members of Nawyuwak Mandal and is it a registered body, if so, what is us effect on the suit ? 7. Are the plaintiffs competent to maintain the suit ? Or is the suit as framed not maintainable ? 8. To what relief, if any, are the plaintiffs entitled ?

(3.) The parties went to trial on these issues. Evidence was recorded, arguments were heard and the judgment was reserved. When the learned Judge came to consider his judgment he passed the order which is the subject-matter of this revision. It is as follows :