JAMILA Vs. MOSQUE

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree, dated 7 -4 -1977 passed by the learded District Judge, Nahan.

(2.) Briefly, the facts are that Shri Sondha son of Hussain Bux was the owner and in possession of the disputed house (detailed in the plaint). He bad one son Nur Ali, who migrated to Pakistan at the time of partition of the country.

(3.) Respondents Nos. 1 to 4 (hereinafter plaintiffs Nos. 1 to 4) have filed the present suit for possession of the disputed house in the court of Senior Sub -Judge, Nahan on 21 -1 -1970, alleging that Sondha had executed a valid will, dated 12 -12 -1962, in favour of plaintiffs Nos. 1 and 2 by this will he had appointed Abdul Shakoor and Chaudhry Hussain Bux of Nahan town as executors. The executors were to take steps to hand -over the possession of the disputed house to plaintiffs Nos. 1 and 2 (mosque situate in Mohalla Kachha Talab, Nahan and mosque situate in Mohalla Shamsher Ganj, Nahan) as wakf property. Plaintiffs Nos. 3 and 4 joined in the suit under Order 1, Rule 8, C. P. C. in a representative capacity on their behalf and on behalf of other worshipers and followers of the Islam community, Nahan town.