ABDUL HAKIM Vs. MUKARRAM ALI

JUDGEMENT

(1.) This is an application in revision asking this Court to revise an order of the learned Munsiff of Bareilly, dated 15 July 1927, which has been affirmed on appeal, by the learned District Judge on 15 November 1927.

(2.) The facts which have given rise to the suit and the present application are, briefly, as follows: The applicants before us were the two plaintiffs in the Court of first instance. They said that they had purchased a grove on 19 August 1918 and became the owner thereof, by the purchase. About three years prior to the institution of the suit, during the absence of the plaintiffs in Calcutta, the defendants began to misappropriate the fruits of the trees and continued to do so, till the date of the suit. The plaintiffs, therefore claimed a declaration of the title and Rs. 150 being the value of three years produce of the trees. Later on, by amendment, they claimed possession, if it was found that the plaintiffs were out of possession.

(3.) Of the two defendants one pleaded that the whole village of which the grove was a part was wakf property and he was the mutwalli of the same, that the plaintiff's vendor, Mendhu, was a mere tenant and he surrendered his holding. He also pleaded that the claim for the value of the fruits was not cognizable by the civil Court and that the suit was barred by the six months rule of limitation.