ANJUMAN ISLAMIA Vs. NAJIM ALI

JUDGEMENT

(1.) This appeal, under Section 96 of the Civil P. C. has been directed by the unsuccessful plaintiff Anjuman Islamia, Chhatarpur (hereinafter referred to as the 'Anjuman'), against the judgment and decree dated 10-5-1978, passed by the District Judge, Chhatarpur, in Civil Suit No. 2-A/74, dismissing the suit of the plaintiff-appellant with costs.

(2.) It has not been disputed that the suit property has been shown and delineated in the plan Ex. P-2 which is called 'Badi-takia' Jama Masjid. It was also not disputed by the plaintiff-appellant that a small plot admeasuring 6' X 6' situated to the South of the main mosque belongs to the defendants in view of the decree passed in earlier Civil Suit No. 28/60. It has also not been disputed that Tegali was an Advocate by profession who was issueless and the predecessor of the defendants. Wazid Ali was the successor of the uncle of Tegali and that the defendants Nos. 5 to 7 are the successors-in-title to Wazid Ali. The defendants Nos. 1 to 4 are the successors-in-title of Ahmad Ali s/o Wazid Ali. Tegali, Wazid Ali and Ahmad Ali are all dead.

(3.) The property in dispute has been shown in the plan Ex. P-2, comprising of a mosque, open yard around the said mosque 'Imam-bada', a platform called 'Imam-chowk', a 'Hujra' (small room) adjoining the main mosque, a well adjacent thereto, water tank and tap adjoining the mosque of the South-East corner, a residential house of the defendants described as 'Panchayat-kakamra' towards the North, and a big room adjoining to it on the Eastern side described as 'Musafirkhana'. There are two graves on the Southern side of Masjid as well as some graves behind the mosque. No measure-ments have been given in the plan Ex. P-2. But the learned District Judge inspected the disputed property on 27-4-1978 and got the same measured, which has been shown in his inspection note as also the description and situation of the disputed property.