M.L.SHRIMAL, J. - (1.) THIS special appeal by the Board of Muslim Wakfs for Rajasthan, Jaipur under Section 18 of the Rajasthan High Court Ordinance No. 15 of 1949 (hereinafter to be referred as the Ordinance') is directed against the judgment of the learned Single Judge dated December 9, 1969 passed in Civil Miscellaneous 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.) TERSELY put shorn of unnecessary details the facts giving rise to this special appeal are as under. The respondents Bhanwar Chand, Padamchand, and Moolchand, in the status of trustees of Khatargach sect filed a suit on March 20, 1958 in the court, of Civil Judge, Nagaur for declaration of title to, and possession of, a 'nohara', described in para No. 3 of the plaint against Ayub, Hafiz, Kasam and others as managers of Masjid Khari, situated in Mohalla Teliwada, Nagaur. The defendants contested the suit on the ground that the documents relied upon by the plaintiffs were forged and the property 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 plaintiff. The managers of the 'Masjid' (mosque) took up an appeal before the District Judge, Merta, who by his judgment dated November 30, 1963 dismissed the same. Thereafter, they filed a second appeal which was also dismissed by Hon'ble Lodha. J., on July 9, 1969.
(3.) ON September 2, 1969 Mohd. Ayub informed the Board of Muslim Wakfs for Rajasthan, Jaipur about the nature of litigation and also submitted a copy of the judgment dated July 9, 1969 and prayed that necessary legal steps may be taken for saving the wakf property. On receiving this information the appellant filed an application on September 8, 1969 under Section 57(3) of the Wakf Act, 1954 read with Section 151 of the Code of Civil Procedure and prayed that the decree passed in S.B. Civil Second Appeal No. 602 of 1963 be declared vend because it was passed without any notice to the Muslims Wakf Board, though the proceedings related to a title to a wakf property. This application came up for heating before Hon'ble Lodha, J., who by his judgment dated December 9, 1969 dismissed the same. He, however, held that it would be open to the Board to file a suit in the civil court of competent jurisdiction for the decision of the question whether the 'nohara' in question was a wakf property or not.;