GH RASOOL KHUROO Vs. SYED GH AHMAD QADIRI

JUDGEMENT

(1.) THIS judgment will govern the above titled Civil First Appeal and revision petition directed against the judgment and decree dated 23rd of October, 2001 passed by Additional District Judge, Srinagar, in the case titled as Ghulam Rasool Khuroo and others vs. Syed Ghulam Ahmad Qadiri and others, hereinafter referred to as impugned judgment, whereby and where -under, the suit came to be dismissed.

(2.) IT is profitable to give briefly and precisely the flask back of the case which has given birth to the instant appeal. Management of Mosque and Ziyarat Sharief known as "DARGAHI GOUSIA" Aalikadal, situate at Mohalla Rahbaba Sahib, Srinagar, is the bone of contention in the lis. Defendant/respondent No.1 was managing the affairs of the Ziyarat and Mosque. Plaintiffs/appellants came to know that respondent/defendant No.1 mis -appropriated the property of the Ziyarat and also sold the landed property of the Ziyarat without any legal justification and accordingly they brought the said fact to the notice of the Intizamia committee 'Dargahi Gousia. Respondent No.1 was restrained from leading the prayers and managing the affairs of the Ziyarat. They also requested the revenue authorities to demarcate the entire landed property of the Ziyarat. Tehsildar Settlement submitted a report to Additional Deputy Commissioner, Srinagar, photostat copy whereof is annexure -PA to the plaint. Landed property known as 'Mandibagh situated at Rahbab Sahib, Srinagar, falling under survey Nos.1845, 1845/1 is the property of Ziyarat. Record disclose that the said landed property was originally belonged to ancestors of respondent No.1, which was either acquired, donated or was wakf property. After the death of father of defendant/respondent No.1, defendants 1 and 2 received the rent of the property.

(3.) IT is also averred in the plaint that defendant No.1 has executed a sale deed in respect of the 'Mandibagh property thereby deprived the Ziyarat of the said properties and mis -used his position as 'Sajada Nisheen. The said sale deed is also challenged in the suit and plaintiffs have prayed decree of declaration and injunction.