MASJID COMMITTEE Vs. JHAMAT MAL AND ORS.

JUDGEMENT

(1.) THIS second appeal filed by the Masjid Committee, Ajmer is directed against the judgment and decree dated February 6, 1957 passed by the learned Additional Civil Judge, Ajmer in an appeal filed against the decree passed by the Munsif Ajmer in original suit No. 243 of 1961.

(2.) THE plaintiff appellant brought this suit against one Jhamatmal and respondent Nos. 2 to 9 who were the mortgagees or the suit property which has been marked in the Municipal register as property No. 8/99 in Chisti Bazar, Ajmer. According to the plaintiff's case, this property was declared evacuee property by the Custodian and that thereafter, it was handed over to the Masjid Committee, Ajmer, and since then the property being owned by the Masjid Committee. Jhamatmal, according to the plaintiff, was the tenant and therefore a suit for eviction was brought against Jhamatmal but as Jhamatmal claimed that he was the tenant of respondent Nos. 2 to 9 who were the mortgagees of this property, the eight respondents Nos. 2 to 9 were also impleaded in the suit. It was further averred that since Jhamatmal was never recognized as a tenant by the Custodian, his occupation of the property which was formerly cumbered as AMC V/40 and now VIII/99, was illegal.

(3.) VARIOUS issues were framed by the trial court on the basis of the pleadings of the parties but the main issue which clinches the crux of the dispute between the parties was issue No. 5. -