MD SHAFIUDDIN Vs. CHATUR BHUJ

JUDGEMENT

(1.) THIS is a second appeal by the plaintiffs in a suit for recovery of rent. The appellants are Md. Shafiuddin, Ejaz Mahmood Khan, Nur Mohammad, Mahfooz Ali, and Haji M. Abdul Ghafoor Khan. A suit was instituted by them in the court of Munsif, Chhipabarod on the 20th of January, 1951, for recovery of Rs. 390/- as arrears of rent of three shops situated at Chhipabarod. The allegations were that there was a mosque known as Jama Masjid at Chhipabarod, which was managed by a Auqaf Committee of which the plaintiffs were members. Under the building of the mosque are several shops, the rent whereof is realised by the Auqaf Committee. It was alleged that the defendant Chaturbhuj was a tenant of the three shops, Nos. 1, 2 and 3, situated on the north side, at a rent of Rs. 13/ p. m. with effect from the 4th of January, 1947. It was alleged that he did not pay any rent from June, 1948, onwards inspite of demand and notices, and for that reasons the suit was instituted for recovery of Rs. 390/. as arrears of rent from June, 1948, to November, 1950.

(2.) THE defendant denied the plaintiffs to be the members of the Auqaf Committe, or that the said Auqaf Committee managed the affairs of the Jama Masjid. He pleaded that the plaintiffs were not authorised to institute the suit for the recovery of the rent of the said shops. It was also pleaded that the defendant had paid the rent to Maulvi Sarfraz Ahmed, and thereby had discharged his liability.