NANDAN SINGH Vs. JUMMAN

JUDGEMENT

(1.) The facts of the case are these:-- Kudrat Shah and others, the predecessors in title of defendants, 2 and 3, made a simple mortgage of two plots of land with houses and trees, one of which is near Taksal and other near Kabir Chaura in favour of the plaintiff, on the 5th of July, 1875. They again mortgaged the same property to the same mortgagee on the 12th of March, 1878. One Subhan, alleging himself to be the son-in-law of Kudrat Shah, on the 15th of September, 1893, sold the land near Taksal to Musammat Biraiya, who made a mortgage of it to Babu Sital Prasad and Bisheshar Prasad on the 22nd of December,, 1893. They obtained a decree on their mortgagee on the 7th of November, 1900, in execution of which the land was purchased by Ram Dei, who built on it a house with a co3t of about Rs. 6,000.

(2.) The plaintiff sued on his two mortgages on the 4th of May, 1910, claiming Rs. 1,628-6-3. Defendants 1, 2 and 3, as mutawallis, pleaded that the property near Kabir Chaura was waqf and that the mortgage of it was void. Ram Dei pleaded that the suit relating to the land near Taksal was barred by limitation.

(3.) The first court dismissed the suit. Regarding the property near Kabir Chaura the dismissal was based on the unlawfulness of the mortgage of waqf property. Regarding the property near Taksal it was based on limitation. The lower appellate court affirmed the decree of the first court.