S.K.Mal Lodha, J. - (1.) Against the judgment dated December 9, 1969, of a learned single Judge of this Court, the appellant (the Board of Muslim Wakfs for Rajasthan, Jaipur) has filed this appeal under Section 18 (1) of the Rajasthan High Court Ordinance, 1949, passed in S. B. Civil Misc. Application No. 107 of 1969 refusing to declare the decree dated July 9, 1969, passed in S. B. Civil Second Appeal No. 602 of 1963, as void.
(2.) A few facts leading to the filing of this appeal may briefly be recounted here :
(3.) The respondents Bhanwar Chand, Padam Chand and Moolchand as trustees of Khatargach sect instituted a suit in the Court of Civil Judge, Nagaur on March 20, 1958, for declaration of title to, and possession of, a 'nohara', described in para No. 3 of the plaint against for Ayub, Hafiz, Kasam and others as managers of Masjid Khari, situated in Mohalla Teliwada, Nagaur alleging that the Nohra belongs to the Khattargach sect of Nagaur, on which the defendants had taken unlawful possession. The defendants contested the suit, inter alia, on the ground that the Nohra in dispute belonged to the Masjid and was under its possession for more than 60 years. The learned Civil Judge, by his judgment and decree dated July 31, 1962, decreed the suit of the plaintiffs. An appeal was taken before the District Judge, Merta by the managers of the Masjid (mosque), who by his judgment dated November 30, 1963 dismissed the same. A second appeal was preferred, which was registered as S. B. Civil Second Appeal No. 602 of 1963, and the same was dismissed by a learned single Judge of this Court vide judgment dated July 9, 1969.;