ABDUL HUSSAIN Vs. STATE OF M P

JUDGEMENT

(1.) THIS is plaintiffs' first appeal against dismissal of their suit filed in the year 1960, by the Additional District Judge Mandsaur. Looking to the number of defendants, apart from the State of M. P., in all 102 deaths occurring among the parties was the principal cause of this huge delay.

(2.) THE three original plaintiffs brought this suit in a representative capacity to establish their title as against the State to the suit lands situated in Mouja Suwasara District Mandsaur, alleging that the suit property belongs to Bohra Samaj. Plaintiffs being Karyakartas of the Bohra Samaj, were entitled to manage the affairs of the Samaj. They also claimed that the auction sales of these lands by the State in favour of the defendants 2 to 102 were illegal, and also claimed permanent injunction restraining the defendants from interfering with their possession.

(3.) PLAINTIFFS ' case in brief was that originally one Abdul Hussain son of Tayyab AM was the Karyakarta of the Bohra Samaj and on his death plaintiffs became the Karyakartas and as such were entitled to prosecute this suit in a representative capacity. According to plaint allegations, out of the land reserved for Mandi, by a Parwana dated 21-8-1926 (Ex.P-3), certain land was granted to Bohra Samaj and it became owner thereof. It was alleged that over the part of suit land, Samaj had built community buildings like Madarsa, Masjid, Club, Zamatkhana etc. In 1958, respondent State had cast a cloud on the title of Samaj when it illegally carved out plots in block Nos. 153 and 154 and sold them to the other defendants by a public auction. Hence this suit for declaration and permanent injunction.