HAMIDMIYA SARFUDDIN Vs. NAGINDAS JIVANJI

JUDGEMENT

(1.) These appeals arise out of suits Nos. 588 of 1924 and 587 of 1924. Suit No. 588 of 1924 relates to two mortgages, (1) Exhibit 160, dated October 31, 1912, in favour of defendants Nos. 1, 2 and 3 for Rs. 15,000 passed by defendant No. 4, the Mutawalli of the properties attached to the Juma Masjid and the dargas of Nasiruddin and Abdul Hamid situated at Navsari, and (2) Exhibit 159, dated March 17, 1910, in favour of defendant No. 1 and father of defendants Nos. 2 and 3 passed by defendant No. 4 for Rs. 1,500. The companion suit No. 587 of 1924 relates to a sale-deed dated July 31, 1918, for Rs. 6,845, Exhibit 124, passed by defendant No. 4 and his mother.

(2.) The plaintiff is now appointed a Mutawalli of the wakf property and plaintiffs Nos. 2 and 3 are the trustees of the mosque in the Baroda territory to which the wakf relates. Defendants Nos. 1 to 3 are the mortgagees under the mortgage-deeds, Exhibits 159 and 160 in suit No. 588, and defendant No. 8 is another mortgagee of the equity of redemption under Exhibit 161, dated September 28, 1916. The companion suit relates to the sale-deed passed in favour of the alienee. Both the suits are for recovery of possession of the property described in the plaints, and for redemption of the mortgages if they are held binding on the wakf property. The Masjid and the dargas are situate at Navsari in the Baroda territory outside British India. The lands in suit relating to the wakf are situated at Mogar in the District of Surat, in Jalalpur taluka.

(3.) The defendants contended that they are bona fide purchasers for value and the suit was barred by limitation.