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1997 Supreme(Guj) 336

S.D.SHAH
SAIYAD JABBARHUSAIN – Appellant
Versus
HASAN ABUBAKAR MALBARI – Respondent


Advocates Appeared: M.G.NAGARKAR, R.A.MISHRA, S.N.SHELAT

S. D. SHAH, J.

( 1 ) THE petitioners are the applicants, being the trustees of Sunni muslim Wakf Committee (Board ). The opponents are the heirs and legal representatives of original opponent-Hasan Abubakar Malbari, who has expired during the pendency of the proceeding in the Small Causes Court and present opponents, as heirs and legal representatives of the deceased opponent, are before this Court.

( 2 ) THE trustees of the aforesaid Wakf Committee instituted P. S. R. P. Application no. 25 of 1985 in the Small Causes Court, at Ahmedabad, under S. 41 of the presidency Small Cause Courts Act, 1882, against Hasan Abubakar Malbari, who has, during the pendency of the proceeding before the Small Causes Court, expired. It appears that, the premises owned by the original applicants/petitioners bearing m. C. No. 991/2 situated in the premises of Nawab Sujadkhan Masjid, opposite general Post Office, which comprised of a room, was given to the deceased-Hasan abubakar as a Bangi in the Masjid. It appears that, he was discharged from his service with effect from 1st March, 1985 and was called upon to hand over vacant possession of the room in his possession as a Bangi. It also appears that his














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