Ali Muhammad vs Ram Chandra - 1913 Supreme(All) 124

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1913 Supreme(All) 124

CHAMIER, HARRY GRIFFIN
Ali Muhammad – Appellant
Versus
Ram Chandra – Respondent

JUDGMENT

Harry Griffin and Chamier, JJ. - The plaintiffs in this case, who are Muhammadans, allege that in the time of the Muhammadan kings a mosque and some houses were built in the town of Agra; that from that time the Muhammadans have always worshipped in the mosque and the property has all along been waqf; that some time before 1875 the mutawalli of the property mortgaged it to some Hindus, but in a suit brought in the court of the Subordinate Judge in 1875 it was declared that the property was waqf and the Muhammadans continued to worship in the mosque as before; that the plaintiffs had received information that the fifth defendant, when in charge of the mosque, transferred it to an ancestor of the defendants 1--4 who are Hindus; that this mortgage was invalid and notwithstanding the mortgage the Muhammadans continued to use the mosque as before; that defendants 1--4 instituted a suit against six Muhammadans in 1907 and obtained a decree, in execution of which they attempted to take possession of the property on the 20th of March, 1910, but the plaintiffs refused to deliver possession alleging themselves to be in possession of the property like other Muhammadans. The plaintiffs

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