JUDGMENT :- This appeal arises out of a suit filed on behalf of the mosque at Mashakganj, Lucknow and its Mutawalli Abdul Haq, who are respondents Nos. 1 and 2 before us, in the Court of Musif North Lucknow on 24-4-1958 for possession over a piece of land situate in Mohalla Mashakganj of Lucknow City which was half part of Plot No. 292 of First Settlement. The suit was originally filed against Jamaluddin defendant-appellant No. 1 and his nephew Qamaruddin. Qamaruddin died during the pendency of the suit and his legal representatives who were his widow Smt. Nanhi and his brother Shamshuddin (defendant-appellant No. 2) were substituted for him.

2. The suit had a chequered career. It was originally dismissed by the trial Court on 16-8-1960 on the finding that the plaintiffs had not been in possession of the property in suit within twelve years and the suit was barred by limitation under Article 142 of the Limitation Act. The plaintiffs filed an appeal. The Appellate Court allowed certain amendments to be made in the pleadings and without reversing that finding of fact allowed the appeal and remanded the suit for retrial after considering the new pleas taken through amendment of the ple

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