KUMARI DEVI Vs. JAMIA ASHARFIA COLLEGE

JUDGEMENT

(1.) JAMIA Asharfia College, New Bhojpur, (now within District Buxar) through its Mutwalli along with Mostt. Hazi Bibi Masud Fatima, wife of late Gulam Ahmadi of Buxar town, filed Title Suit No. 183 of 1977 against Sheokumari Devi, her husband and two sons in the Court of Subordinate Judge, Buxar, for declaration that the registered deed dated 24.5.1975 (Ext. C), alleged to the executed by Bibi Masud Fatima, the plaintiff No. 2 in favour of the defendant, Sheokumari Devi was forged, fabricated, void, inoperative and without consideration and for mesne profits 150.00 per month as rent of the suit house and for delivery of possession thereof after evicting the defendants.

(2.) THE plaintiffs case was the Bibi Masud Fatima had executed a registered wakf deed dated 13.7.1967 (Ext. 4/a) and dedicated the suit house to Jamia Asharfia College, the plaintiff No. 1, wherein Md. Jakarta and others were made Mutwalli. By subsequent deed dated 30.11.1972 (Ext. 4) others Mutwallis except Md. Hafiz Mujibul Haque were removed and only he continued as the sole Mutwalli.

(3.) ON Sidheswar Pandey, who was husband of Sheokumari Devi and was employed as a constable, was a tenant in a portion of the house. He had obtained signature and LTI of Bibi Masud Fatima in connection with issuance of ration card and on the basis thereof created a registered sale deed dated 24.5.1975 (Ext. C) in respect of the suit house, when Bibi Fatima had no right and titled left with her in the suit house, after she had already executed wakf deeds in the year 1967 and 1972. It was alleged that some one impersonated her she never executed any such deed and/or received any consideration amount therefore.