Judgement

Appeal (No. 17 of 1932) from a decree of the High Court (July 24, 1930) affirming a decree of the first Subordinate Judge of Saharanpur (January 19. 1927).

In 1925 the first respondent, as sajjadanashin of a wakf, instituted a suit against the appellants and the other respondents (joined in the appeal pro forma) for possession of certain land in the village of Piran Kalliar Sharif. The village had been dedicated as wakf during the Moghul empire for the maintenance of a shrine there situate and the support of the sajjadanashin. At some date earlier than 1758 the sajjadanashin had settled the lands in suit with the ancestors of certain of the defendants as mujawars (sweepers and attendants) of the shrine ; the other defendants were transferees from the mujawars under transfers made within twelve years of the suit. In 1S9S the plaintiffs predecessor as sajjadanashin had dismissed the mujawars from service and appointed others ; in a suit brought by them the High Court, affirming the lower Court, had held that the dismissal was in accordance with law.

Various defences were raised, among them that the property in suit had not been dedicated in wakf. and that the suit was barre