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S. K. GHOSE, PATTERSON
S. Massirat Hossain – Appellant
Versus
Hossain Ahmad Choudhuri – Respondent
JUDGMENT
S.K. Ghose, J. - This is an appeal by the plaintiffs in a suit instituted u/s 92, Civil PC., for removal of defendant 1 from the post of mutwalli, for appointment of a new mutwalli in his place, and for certain other reliefs. The plaintiffs' case is based upon the existence of a wakf which was created by a wakfnama dated 6th Aswin 1305, in accordance with the terms of which defendant 1 is the present mutwalli. Plaintiffs' case is that defendant 1 has been neglecting to look after the estates and his duties as mutwalli in breach of terms of the wakfnama and committing acts of misappropriation. Their further case is that defendant 1 has come under the evil influence of defendant 2 who has induced him to come to an arrangement by which the wakf properties have been leased to defendant 2 in return for an annual payment of Rs. 1200 which again defendant 1 has been spending for his personal benefit. Various other acts in breach of the trust are complained of. The plain-tiffs who are three in number allege that they are interested in the trust and they bring the suit praying for reliefs which are specified in para. 22 of the plaint. These reliefs are directed both against defendan
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