PRASENJIT MANDAL,J. - (1.) THIS appeal is at the instance of the plaintiffs/appellants and is directed against the judgement and decree dated November 27, 2009 of affirmation passed by the learned Additional District Judge, 7th Fast Track Court, Alipore in Title Appeal No.20 of 2005 affirming the judgment and decree dated December 23, 2004 passed by the learned Civil Judge (Junior Division), 6th Court, Alipore in Title Suit No.261 of 1994. Both the Courts below have dismissed the suit and the appeal preferred by the plaintiffs.
(2.) THE plaintiffs/appellants instituted the aforesaid suit for a decree of declaration of title, permanent injunction and other reliefs. The defendants are contesting the said suit by filing a written statement denying the material allegations raised in the plaint. Upon analysis of the evidence adduced by the parties, the learned Trial Judge dismissed the suit holding that the concerned Madrasa to which the gift had been made has no existence at all and so, as per condition of the gift, the property reverted back to the owners, who had transferred the same to the plaintiffs by way of sale deed but, the plaintiffs have no possession but no amendment has been sought for, for recovery of possession and as such, the suit is not maintainable in view of the provisions of Section 34 of the Specific Relief Act.
(3.) THE Appellate Court also dismissed the appeal preferred by the plaintiffs holding, inter alia, that the gift was duly executed according to the provisions of the Mohammedan law in favour of the junior high Madrasa but, upon certain terms and conditions that it should be converted into a high Madrasa, but, the same had not been done.;