SYED BAQAR ALI Vs. SHABBIR

JUDGEMENT

(1.) THIS second appeal has been filed by the plaintiff who non-suited in the first appeal by the learned Addl. District Judge, Rajgarh in Civil Appeal No. 34A/74 decided on 6.9.74, reversing the judgement and decree dated 18.2.70 passed in Civil Suit No. 197A/66 by the learned Civil Judge, Class II, Biaora (Camp-Sarangpur).

(2.) THE facts necessary for disposal of the present appeal are that plaintiff a Syed filed the suit pleading that the lands in dispute well described in the plaint were infact the lands belonging to Peer Mandli Shah and were Waqf properties. From time immemorial or at least 150 years or more the land was used to be managed by a particular family who were given the right to manage the land and spend the usufruct according to their choice or in consultation with the Syeds of the said Kasba. According to the plaintiff, the land is known as Bagh of Peer Mithey Shah and the same is also known as ' 'Gur-aman-wala-bagh''. According to the plaintiff, the land was dedicated by the then joint rulers of erstwhile Dewas Estate and since thereafter the land continued to be the Waqf property. The land was firstly supervised by Syed Nizamuddin and thereafter by Syed Sakhavat Ali, Syed Shahabuddin and Syed Niyazuddin one after the other being successors of the earlier manager. The suit originally was filed by the present plaintiff Syed Nizamuddin in his personal capacity but subsequently the proceedings under Order 1 Rule 8 CPC were drawn. It appears from the records of the trial Court that not even a single Syed of the said locality showed his interest in the property or in the litigation.

(3.) THE defendants contested the suit on all possible grounds and prayed for its dismissal.