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2001 Supreme(SC) 1058

DORAISWAMY RAJU, S.RAJENDRA BABU
Hafazat Hussain – Appellant
Versus
Abdul Majeed – Respondent


DORAISWAMY Raju, J.

This appeal has been filed against the judgment dated 29.1.1935 of a learned Single Judge of the Allahabad High Court in Second Appeal No.591 of 1973 where under the suit filed by the respondents-plaintiffs came to be decreed by reversing the judgments of the courts below. For a proper appreciation of the natuer of contoversy and the grievance expresed befor us, it becomes necessary to state the relevant facts and the conclusions recorded by the courts below at some length. The suit, out of which the present proceedings emanate, had been filed for a declaration that the property in dispute, which is the western portion of House No.D 50/222 (old No. D12/58), Mohalla Qazipura Kalan, Varanasi, is the sujet-matter of Wakf and for recovery of possession of the same from the defendant. The case of the plaintiffs was that two houses Nos D 50/39 and D 50/222, Mohalla Qazipura Kalan, Varanasi, belonged to Smt. Zohra Bibi, who was in her early years leading a life of a Prostitute. Subsequently, she got married to Haji Mohammed Siddi. Thereafter, Zohra Bibi executed a deed of gift dated 10.4.1923 in favour of her husband and he, in turn, on 15.4.1923 execute a Wakf Deed com








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