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1981 Supreme(MP) 540

G.P.SINGH, FAIZAN UDDIN
ANJUMAN ISLAMIA – Appellant
Versus
NAJIM ALI – Respondent


FAIZANUDDIN, J.

( 1 ) THIS appeal, under Section 96 of the Civil P. C. has been directed by the unsuccessful plaintiff Anjuman Islamia, Chhatarpur (hereinafter referred to as the 'anjuman'), against the judgment and decree dated 10-5-1978, passed by the District Judge, Chhatarpur, in Civil Suit No. 2-A/74, dismissing the suit of the plaintiff-appellant with costs.

( 2 ) IT has not been disputed that the suit property has been shown and delineated in the plan Ex. P-2 which is called 'badi-takia' Jama Masjid. It was also not disputed by the plaintiff-appellant that a small plot admeasuring 6' X 6' situated to the South of the main mosque belongs to the defendants in view of the decree passed in earlier Civil Suit No. 28/60. It has also not been disputed that Tegali was an Advocate by profession who was issueless and the predecessor of the defendants. Wazid Ali was the successor of the uncle of Tegali and that the defendants Nos. 5 to 7 are the successors-in-title to Wazid Ali. The defendants Nos. 1 to 4 are the successors-in-title of Ahmad Ali s/o Wazid Ali. Tegali, Wazid Ali and Ahmad Ali are all dead.

( 3 ) THE property in dispute has been shown in the plan Ex. P-2, comprising of a





















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