SAMAST PANCH KAUM HELAN Vs. JAMEEL MOHAMMED

JUDGEMENT

(1.) THIS revision petition has been preferred against the order dated July 20, 1984 passed by the Additional District Judge, Udaipur by which the application of non -petitioner No. 35, Rajasthan Board of Muslim Wakfs, Jaipur (hereinafter to be referred as 'the Board') dated August 10, 1979 praying for being impleaded as party to the proceedings was allowed.

(2.) ON March 27, 1977 a representative suit under Order 1, Rule 8 of Civil Procedure Code (hereinafter to be referred as 'the Code',) was filed for rendition of accounts, declaration, perpetual injunction and possession of seven shops situated outside the Masjid Kaum Helau (hereinafter to be referred as 'the Masjid') by Samast Panch Kaum Helan, Udaipur through the petitioners against the non -petitioners No. 1 to 34 on the ground that non -petitioner Nos. 1 and 2 Jameel Mohd. and Shafi Mohd. were realising the rent of those seven shops without any authority and they were neither giving amount of the rent nor were entrusting the charge to the executive elected on December 3, 1975. In their written statements defendant Nos. 1 and 2 denied the allegation of unauthorisedly realising the rent and stated that there were two shops belonging to the Masjid (Mosque) and from the rental income five more shops were constructed and there was a plan to construct a Musafirkhana with the rental income of the shops. It was stated in the written statement so filed that the Wakf Board is a necessary party in the suit and without issuing notice to the Board, suit was not maintainable The Board having come to know about the proceedings filed an application on August 10, 1979 for being impleaded as party on the ground that the shops were registered with the Board and it was a necessary party to the proceedings. The learned Judge, as stated earlier, allowed the application. That caused grievance to the petitioners. Hence the revision petition,

(3.) I heard learned Counsel for the parties and perused the record of the case available with the learned Counsel for the parties.