MUHAMMAD QULI KHAN Vs. MUSAMMAT MUBARAK FATIMA

JUDGEMENT

(1.) The suit which has given rife to this appeal was brought by the plaintiff appellant for contribution. The parties to thus case are co-mutawallis under a deed of endowment which reserves certain benefits in favour of certain persons hereinafter called the beneficiaries. Both the Courts below have dismissed the plaintiff's suit.

(2.) The beneficiaries instituted a suit against the parties to this case for recovery of what was receivable by them under the deed of endowment in respect of the years 1332-1334 Fasli. The present plaintiff was arrayed as the first defendant and the present defendant was the 2nd defendant. The latter did not enter appearance, and the proceedings were ex parte against her. The 1 defendant (the present plaintiff) contested the suit, inter alia, on the ground that half the property is entered in Mubarak Fatima's (the present defendant s) name, who had received from defendant No. 1 all her profits up to 1334 Fasli. One of the issues framed by the Court in that case was "What amount, if any, is due to the plaintiff and against which defendant or against both," The Court decreed the plaintiff's claim in these terms:

(3.) The plaintiffs are, therefore, entitled to a decree against both the defendants as both are trustees of the endowed property appearing so in revenue papers.