MOHAMMAD KASAM ABDUL REHMAN Vs. ABDUL GAFOOR AHMEDJI

JUDGEMENT

(1.) THIS appeal arises out of a suit brought by representatives of the Muslim equivalent Citation: community of Ujjain under Order 1 Rule 8, C. P. Code, after obtaining sanction of the Advocate-General.

(2.) THE property in suit is a defunct grave-yard (Kabarstan) in Ujjain. The defendants are sons of one Abdulrahman. They used to live with one Karimshah fakir who was appointed manager of the Kabarstan some time in Samvat Year 1974-1916 A. D. In 1916 a flour mill was set up by one Alimohammad who was alleged to be the purchaser from Mariambai. This Mariambai and Shahbajthan constructed residential house on a part of the graver yard about 15 or 16 years before. Another house was also constructed by Shahbajkhan. These constructions, it is alleged were with the permission of the Muslim Community in general. Mariambai Shahbajkhan and defendants were allowed to live in that house for looking after the management and affairs of Kabarstan.

(3.) ABOUT 4 years before the suit it is alleged that the defendants were neglecting the management of the grave-yard and were asserting their title as owners. On 15-7-47 Shahbajkhan obtained permission from the Municipality for construction of a house without sanction and knowledge of the Muslims. The defendants demolished graves and let out certain pieces of land for fuel stalls. They also erected certain temporary huts and utilised the income for their own benefit. There were also transfers of certain portions of the house. The defendants who are the legal representatives of the said Shahbajkhan are in possession of the graveyard. They are using the graveyard and income therefrom for their personal benefits. The position of the defendants is that of trustees, the Kabarstan being a property for the benefit of the Muslim community as a whole.