JABEDA KHATUN Vs. MOHOMMAD MOZAFFAR ALI MUSANI

JUDGEMENT

(1.) This is an appeal by Defendants Nos. 1-4 against a decision of the Officiating Subordinate Judge of Dinajpur.

(2.) The suit out of which this appeal arises was originally instituted by the Receiver of a wakf estate for a declaration that the father of the defendants had no right to enjoy the property in suit which consisted of 1440 bighas of nishkar land, at a permanent and invariable rent, for a declaration that neither Syed Sadaruddin-Al-Musari or any other mutwalli of the wakf estate had any right to permanently settle the land in suit and that if Syed Sadaruddin had so settled it the plaintiff is not bound by the settlement and asked that it should be set aside, that the defendants might be ejected and the plaintiff given khas possession and a decree for mesne profits. There was an alternative prayer for enhancement of rent if a decree for ejectment was not passed.

(3.) The plaintiff became mutwalli of the wakf subsequent to the institution of the suit in the year 1325 and he was substituted as plaintiff in place of the Receiver.