KHALILAR RAHAMAN Vs. GOLAM KIBRIA

JUDGEMENT

(1.) This is an appeal by the plaintiffs under Clause 15 of the Letters Patent against the judgment of Renupada Mukherjee, J. dated 30-1-1953.

(2.) The suit out of which this appeal has arisen was one for accounts instituted by the plaintiffs claiming to be the co-Mutwallis with defendant No. 1 and pro forma defendant No. 2 and for accounts as against defendant No. 1 who was alleged to be in sole charge of the management of the Wakf properties, but had misappropriated large sums of money.

(3.) To this suit defendant No. 1 filed a written, statement alleging that he was the sole Mutwalli of the Wakf Estate, that the plaintiffs had no locus standi to bring the suit and that the suit was barred under Section 92, Civil P. C. and under Section 73(2), Bengal Wakf Act, 1934. It was also pleaded that the Commissioner of Wakf was a necessary party to the suit.