ATA HUSAIN Vs. LATIF HUSAIN

JUDGEMENT

(1.) On the 20 of January 1927, in ignorance of the fact that the parties were represented by counsel in this Court, I, after going through the judgment of the learned Sessions Judge, accepted the reference made by him and actually signed my order of that date, After I had signed that order, but before it was sealed, it was brought to my notice by the office, that the parties were represented by counsel, and accordingly I directed the case to be put on the day's list with a view to enable the counsel for the parties to argue the matter. After hearing the learned Counsel for the parties, I am still of opinion that on the findings of fact arrived at by the learned Magistrate, the view taken by the learned Sessions Judge is perfectly correct.

(2.) The village in dispute, viz., village Bania Para Mahraj is waqf property and its income is devoted to charitable and religious purposes. Ata Husain is mutwalli of eight annas and Abbas Ali, Mubarak Ali and Bibi Amiran are mutwallis of two annas eight pies each. Abbas Ali alone was appointed lambardar of the entire village, and has been a lambardar for some years. It appears that the relations between Abbas Ali and the tenants of the village, became strained and eventually the tenants, in the beginning of 1925, submitted a joint application to the Collector of Cawnpore, complaining against the highhanded actions of the lambardar and requested the Collector to enquire into his conduct. A Tahsildar was required by the Collector to enquire into the allegations made in the petition, and he submitted a report on the 20 of December 1925, to the effect that Shiva Gobind Tewari, Karinda of Abbas Ali: was really committing excesses over the tenants and that the tenants were not willing to pay rents to him.

(3.) Eventually Abbas Ali, in pursuance of a direction given to him, executed a mukhtarnama on the 2 February, 1926, in favour of Shiva Gobind Tewari in order to clothe him with a legal authority to collect rents from the tenants.