ABDUS SAKOOR Vs. ABDUL RAHIM

JUDGEMENT

(1.) This appeal arises out of a suit under Section 92 of the Civil P.C. in respect of a Muhammadan endowment.

(2.) The plaintiffs who are certain Muhammadan residents of Howrah brought a suit on the allegations that a lady of the name of Asurannessa Bibi, on the 27 September 1881 executed a wakf-nama dedicating certain immovable properties by way of wakf and appointing one Haji Talebullah as mutwalli; that subsequently the said mutwalli having mismanaged the properties and misappropriated the income thereof, she executed a deed of towliatnama on the 16 September 1887, whereby she removed the son of Talebullah from the mutwalliship, (Talebullah having died in the meantime) and took up the management in her own hands, that about three years afterwards, on the 24 August 1890, she executed another deed by which she appointed the defendant as mutwalli, laid down certain rules for the management of the properties and for succession la the office of mutwalli and that the defendants had been mismanaging the properties and misused the income thereof. In the 12 paragraph of the plaint it is stated that the defendants should be removed from the management of the wakf for their gross neglect, misconduct and breach of trust and because their appointment itself is not valid as the said Asurannessa Bibi had no right to execute the deed, dated the 27th August 1890.

(3.) The defendants pleaded inter alia that the suit was not maintainable on the ground amongst others that certain persons interested had not been joined as parties defendants and there was a denied of the allegations made by the plaintiffs on the merits of the case.