HAZERA KHATOON Vs. ABDUL LATIF
HIGH COURT OF CALCUTTA
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(1.) THIS appeal is by the defendant. it arises out of a suit for a declaration that the plaintiff respondent is the Mutwalli of the wakf estate in suit and for a permanent injunction, restraining the defendant (defendant No. 1) from interfering, inter alia, with the management of the disputed property by the plaintiff as Mutwalli.
(2.) THE plaintiff's claim to the mutwalliship was disputed by the defendant, who, in his turn; set up title to the same. The defendant also pleaded the bar of limitation and raised further the question of maintainability of the suit in its present form, namely, merely for a declaration and injunction, as aforesaid.
(3.) THE learned Munsif held in favour of the plaintiff on the question of Mutwalliship as, according to him, Kinder the relevant document, the same was hereditary or heritable and passed on to the plaintiff by inheritance. The learned Munsif, however, was of the opinion that the plaintiff's claim was barred by limitation and, further, that the suit was not maintainable, as the plaintiff, according to him, ought to have prayed for recovery of possession, either of the office of Mutwalliship or of the wakf properties from the defendant and, in the absence of such a prayer, the suit was bad under the proviso to Section 42 of the Specific Relief Act.;
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