BUDRUDDIN SAHIB Vs. ABDUL RAHIM

JUDGEMENT

(1.) The respondent obtained a decree for sale of certain property in a mortgage suit against the father of the appellants.

(2.) After decree, the defendant died and the respondent applied for leave to execute the decree against the appellants by sale of the land under Section 234, Civil Procedure Code. The appellants opposed the application on the ground that the land ordered to be sold was wakf property of which they were in possession not as representatives of their deceased father but as hereditary trustees of the property.

(3.) The District Munsif held that he could not go into the question under Section 244, Civil Procedure Code, on appeal. The District Judge also held that Section 244 did not apply, and if it did, he dismissed the appellants appeal.