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1925 Supreme(Lah) 157

CAMPBELL
Abdul Qadir – Appellant
Versus
Ilahi Bakhsh – Respondent


JUDGMENT

Campbell, J. - A preliminary objection that no appeal lies has no force. It is suggested that the suit is of the nature cognizable by Courts of Small Causes, and since the value of the subject-matter does not exceed Rs. 500, Section 102 of the Civil P. C. applies. The plaint, however, contains a prayer for an injunction and as framed the suit for that reason could not have been tried by a Court of Small Causes. The objection is overruled. The origin of the suit is as follows: Nur Din, the father of Defendants Nos. 1 and 2 and Abdul Qadir and Abdul Aziz, Defendants Nos. 3 and 4, who are majawars of a certain Muhammadan shrine in Sialkot, on the 2nd of July 1906. mortgaged to a Hindu, one Chuni Shah, certain property including their share in the offerings made at the shrine. The suit is based upon that mortgage and is brought by the successors-in-interest of Chuni Shah for Rs. 278 which is alleged to represent the mortgagee's share of the offerings for a certain period.

2. The principal plea of the defendants was that the rights in these offerings were inalienable and amongst others the three following issues were framed : (1) Is the right in offerings alienable ? (2) Cannot t

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