MD ROORUL ALIAS MD NUROOL Vs. MD FAROOQUE

JUDGEMENT

(1.) THE suit giving rise to this second appeal was brought by Md. Saddique (Respondent No. 5) as plaintiff for partition by metes and bounds of 1/4 share of the plaintiff in the suit properties.

(2.) THE property in suit originally belonged to Mangal Momin, who executed a registered deed of Bai Moqasa dated 6.5.1921 in favour of his wife Mosamat Munia and put her in actual possession thereof. Most. Munia actually remained in possession of the suit land and dealt with the same as and when occasion arose. She died issueless leaving behind her brother Den Mohammad, who inherited the properties left by her and came in actual possession thereof. Den Mohammad died leaving behind four sons, namely, Abdul Rashid, Mohd. Salim, Mohd. Usman and Abdul Aziz. After the death of Den Mohammad, his four sons jointly inherited the suit properties and came in joint possession thereof.

(3.) TWO written statements were filed, one by defendant, 1st party, son of Den Mohammad. It was submitted that the suit was not maintainable. The plaintiff has no cause of action for the suit. These defendants substantially supported the case of the plaintiff. According to defendants 1st party Most. Munia had not died issueless. She had been left by five daughters. The husband of Most. Munia also established Mosque and appointed his wife Most. Munia as its first Motawalli, who is turn appointed her daughter Tasliman as its Motawalli and Most. Tasliman appointed Jamila as its Motawalli. Most. Munia left behind three daughters who inherited the properties left by her. The properties which are in possession of Mosque is managed by the Managing Committee and the appellant (defendant no.1) Md. Nurool claims to be present Motawalli.