SAGUN BALKRISHNASET KANEKAR Vs. KAJI HUSSEN VALAD KAJI ALI

JUDGEMENT

(1.) In this case the plaint as described by the Court of first instance alleged that certain land, therein referred be was the service inam property of a mosque; that the rights of service and of managing the estate belonged be the family of the plaintiffs and of defendant 3 their father, and of defendants 4 and 5; that the defendants 3, 4 and 5 had ceased to perform service, and that the plaintiffs had rendered the service in their stead and that the defendants 1 and 2 had enjoyed, through the defendants 3, 4 and 5, a part of the profits of the share be which the plaintiffs were entitled.

(2.) The defendants 3, 4 and 5, members of the plaintiffs family, did not contest the claim.

(3.) The defendants 1 and 2, who are Hindus, admittedly have been in possession of the land in suit since 1863 under mortgages both from defendant 3, the father of plaintiff, and from the father of defendants 4 and 5 and from defendants 4 and 5 themselves, and in 1875 purchased at a Court-sale the equity of redemption of defendant 3. 3. The plaintiffs suit was rejected by the Court of first instance and the lower Appellate Court on the ground that) the plaintiffs father being still alive, the plaintiffs could not claim present possession and had not shown that they have a right to the office to which the property in suit belongs.