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1998 Supreme(Raj) 1272

MOHD.YAMIN
Vijay Singh – Appellant
Versus
Rajasthan Board of Muslim Wakf – Respondent


Advocates:
For the Petitioner:M.C. Bhoot, Advocate.
For the Respondent:A. L. Chopra, Advocate.

JUDGMENT

1. - This revision petition has been directed against the order of learned Addi- tional District Judge No. 1, Jodhpur dated 7.8.95 by which an application for amendment has been disallowed.

2. I have heard the learned counsel for the petitioner as well as for the respondents plaintiffs.

3. Respondent plaintiff filed a civil suit against the petitioners and respondents Nos. 2 to 17 for possession and mesne profits in the year 1966. The facts as averted in the plaint are that there is a large plot of land named as Chandshah-ka-Takia situated near Sojti Gate Jodhpur. It is described in para No. 1 of the plaint. Out of this land an area of 10238 sq. yards is the subject of dispute in present litigation. The case of the plaintiff respondent is that the entire land including the land in mosque and a Takia in the disputed land. The land is a wakf property. Defendant No. 12 Neneh Shah was a Mutwali of the entire land but he made a gift of the land in favour of deity Shri Sumer Bihariji through his trustee Rajdadi Shri Chavanji Sahiba by a gift deed dated 17-10-1945. It was registered. Thereafter Fateh Shah who was daughter's son of Chand Shah had raised a dispute and had filed objec









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