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1969 Supreme(All) 252

S. N. DWIVEDI, S. N. SINGH
Waqf Alal Aulad – Appellant
Versus
Mohammad Jalil – Respondent


Advocates appeared:
R. H. Zaidi, Advocate, for the Applicant; V. K. Khanna, Advocate, for the Opposite Party

JUDGMENT

S. N. Singh, J.-. This revision has come before us for decision on a reference made by Mr. Justice S. K. Verma.

2. The facts giving rise to the present revision are that the plaintiff applicant claiming to be the Mutawalli of Waqf Alal-aulad instituted a suit for three reliefs: Relief (a) was for the cancellation of two Theka deeds a dated 4th March, 1958 and 19th September, 1960 executed by one Hafiz Habidul Rahman in favour of the defandant in respect of the grove in dispute. Relief (b) was for the ejectment of the Thekedar from the grove land in dispute, and relief (c) was recovery of Rs. 226/- as damages for use and occupation for the last three years. The allegations made in the plaint are that the two Theka deeds were executed by the Mutawalli beyond his power, that the two Thekas could not be executed for a period more than a year and that since they were for more than a year they were null and void. The plaintiff valued the suit for the purpose of jurisdiction as follows :

1. Rs. 75/- the amount of one year's Theka rent for the purposes of relief (a)

2. Rs. 75/- the amount of one year's Theka money for relief (b) and

3. Rs. 225/- for relief (c) .

Court fees were also p

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