Judgement

BOSE J. - This appeal marks the culmination of a series of acrimonious disputes that have been going on between a section of the Mahommedan community at Jabalpur and one Gulabshah and his sons the defendant since the year 1880 about portions of land that adjoin a mosque in Jabalpur known as the Kotwali Masjid. It is now admitted that the masjid proper and the ground on which it is built is wakf property.

At one time Gulabshah and claimed even the masjid as his own property but that was decided against him in the year 1881 and since then he, and after him, the present defendant, have admitted that the Masjid proper is wakf; but the dispute about the rest continues.

2. The suit is supposed to be a representative suit under O. 1, R. 8, Civil P. C. although it would be impossible to gather that from the plaint and the subsequent pleadings; and even now it is difficult to know exactly who the plaintiffs are supposed to represent; nor is there any order on record evidencing the permission of the Court.

However, as the learned Additional District Judge of Jabalpur said in his judgment that the suit was filed in a representative capacity O. 1, R. 8, and as the other side did not cha