BANAMALI ROUL Vs. MOLLA SAIYAD ALI HOSSAIN

JUDGEMENT

(1.) This appeal arises out of a suit for eviction instituted by Respondent Saiyad Ale Hossain against the Defendants on the ground that the disputed lands formed part of a wakf estate of which the Respondent is the present Mutwalli and lease whereof for an indefinite period was given by his deceased father Syed Reyasat Hossain who was the previous mutwalli. The case of the Plaintiff Respondent was that as the disputed lands formed part of the wakf estate his father had no right to lease out the property for an indefinite period in excess of the authority. Upon these allegation the Plaintiff claimed khas possession of the disputed lands after the death of his father in 1947. The suit was instituted on September 29, 1948.

(2.) The suit was contested by the Defendants who raised various defences in the trial court. They contended that the civil court had no jurisdiction to try the suit and that the lands in question were secular and personal property of Sayed Rayesat Hossain find they did not appertain to the wakf estate alleged by the Plaintiff. It was further contended that even if it be assumed that the disputed lands formed part of the wakf estate the mutwalli had authority to grant the lease and the Defendants had acquired an occupancy right in the disputed lands which are cultivated by them.

(3.) The above defence of the Defendants was negatived by the trial court which decreed the suit in favour of the Plaintiff. An appeal was preferred by the Defendants but the appeal was also dismissed. In view of the circumstances of the case neither of the courts below allowed any costs to the Plaintiff.