Judgement

Appeal (No. 79 of 1945), by special leave, from a judgment and decree (October 25, 1934) of the Court of the Judicial Commissioner, Central Provinces (now the High Court at Nagpur), reversing a judgment and decree of the Subordinate Judge of Burhanpur (January 2, 1931).

The question for determination in this appeal was one which concerned the right to the use of certain waqf property belonging to members of a Moslem community in India, known as Daudi Bohras, situate in the village of Shadra, near the town of Burhanpur in the Central Provinces, and, in particular, the question as to the right of the present respondents Nos. 1, 2 and 3, the second of whom claimed to be the Dai-ul-Mutlaq, and, as such, the High Priest of the Daudi Bohra community, to interfere with the access to and use of such property by the appellants. The claim in the suit out of which this appeal arose was for a declaration of right to the user and enjoyment of the property in question and for an injunction.

The trial court decreed the claim in part, but on appeal that decree was set aside by the Court of the Judicial Commissioner (Staples J.) and the suit was dismissed.

The facts appear from the judgme