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1964 Supreme(All) 205

JAGDISH SAHAI, B.D.GUPTA
Rustam Khan – Appellant
Versus
Ahmad Bux – Respondent


Advocates:
Babu Ram Avasthi and S.B.L. Gaur, for Appellant; Dr. N.P. Asthana and N.B. Asthana, for Respondents.

Judgement

JAGDISH SAHAI, J. : This special appeal is directed against the judgment of N.U. Beg, J., dated 4-2-1960, dismissing Execution First Appeal No. 346 of 1955 filed by the judgment-debtor-Rustam Khan.

2. Rustam Khan, the judgment-debtor-appellant was a defendant in a suit filed under S. 92, C.P.C. by the respondents-decree-holders in the Court of the District Judge, Agra. The learned District Judge dismissed the suit. Against this decree First Appeal No. 154 of 1947 was Bind in this Court which was allowed by Agarwala and Asthana, JJ. on 20-4-1958. The operative portion of the judgment of the learned Judge reads :

"The result, therefore, is that we allow the appeal, set aside the decree of the Court below and decree the plaintiffs' suit with costs in both the Courts. The defendants are removed from the office of mutawallis. The Sunni Central Waqi Board will be asked to appoint suitable mutawalli or mutawallis for the waqf. A scheme will be set up for better and proper management of the waqf property. The plaintiff's will have their costs from the defendants."

3. To use the words of Agarwala and Asthana, JJ., "the dispute is about a plot No. 150, which was at one time numbered as






















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