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1914 Supreme(All) 148

BANERJI, HENRY RICHARDS
Saiyed Abul Hasan – Appellant
Versus
Saiyed Aziz Ahmad – Respondent


JUDGMENT

1. This appeal arises out of a suit in which the plaintiffs sought a declaration that certain sale-deeds and leases should be declared null and void and cancelled and that the plaintiffs or some other persons should be appointed mutwallis to manage the property specified in the plaint and therein called Mauza Satpura, Perganah Bilram, and that the defendants of the third party should be dispossessed. There is a further prayer that the defendants of the second party should be removed from their office as mutwallis.

2. The suit was brought in the Court of the District Judge under the provisions of Section 92 of the Code of Civil Procedure. It is alleged that the property in question. was dedicated to the expenses of the tomb of one Salah-ud-Din Chisty, that the plaintiffs and the defendants of the first and second party were the descendants of the saint, that the defendants of the second party had made the leases and sale-deeds in contravention of the trust and had thereby proved themselves unworthy of being any longer mutwallis. The real object of the suit is to get back the property sold and as might be expected the defendants of the first and second party take very little i

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