NARSING RAO Vs. ANJUMAN KADEEMUL MUSLEEMEEN

JUDGEMENT

(1.) This is an appeal preferred by the Respondent in A.S.No.212 of 1993 on the file of the III Member Tribunal for Disciplinary Proceedings-cum-VIII Additional Chief Judge, City Civil Court, Hyderabad preferred against the judgment and decree in O.S.No.214 of 1984 on the file of the IX Assistant Judge, City Civil Court, Hyderabad.

(2.) The first appellate Court allowed thesaid A.S.No.212 of 1993 setting aside the judgment and decree of the trial court and remitted the matter back to the trial court for fresh disposal observing that the disposal of the suit is contrary to and without complying with the provisions of the Wakf Act and without framing the relevant issues which would cause prejudice to the parties to the suit.

(3.) The Respondent who was the plaintiffin the said O.S.No.214 of 1984 filed the said O.S.No.214 of 1984 for declaration that the suit house is part and parcel of the Wakf property and that the Respondent is entitled to the possession thereof after evicting the Appellant and their men from the suit house with mesne profits from the date of the suit till the date of delivery of possession and costs. The Appellant who was the Defendant in the said O.S.No.214 of 1984 denied the title of the Respondent-Plaintiff over the suit property and claimed title for himself contending that it is ancestral property; that the Respondent-Plaintiff is in continuous possession and enjoyment of the same for more than a century and that the suit is barred by limitation. The trial Court, on the basis of the pleadings, ought to have framed appropriate issues but framed the following issues: