HAMID ALI Vs. MUJAWAR HUSAIN KHAN

JUDGEMENT

(1.) This is an appeal against a decree of the District Judge of Allahabad, dated September 19th, 1898, by which he dismissed the plaintiffs suit.

(2.) The reliefs asked for by the plaintiffs in the prayer to their plaint were--(1) for the removal of the first-named defendant, Mujawar Ali, from the office of mutawalli of certain property detailed in the plaint, which the plaintiffs alleged to be waqf or endowed property; (2) for a declaration that that property was not saleable in execution of a decree obtained by the second defendant, Musammat Dhan Devi, that the sale of that property and its purchase at the execution sale by Musammat Dhan Devi was null and that her possession was unlawful.

(3.) The first defendant did not appear to defend the suit. The second defendant denied that the property in suit was waqf, and also pleaded that on the death of Faiyaz Husain Khan, father of the first defendant, the alleged waqif, the property was recorded by the Revenue authorities in the name of his son, the first defendant, as full owner, who, as such, mortgaged the properties in suit to her deceased husband, Mul Narain, who took the mortgage is good faith, and without any knowledge of the allege waqf.