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TMI Blog2019 (7) TMI 1990X X X X Extracts X X X X X X X X Extracts X X X X ..... f this application but on the basis of this order the Government handed over the possession of the land to the Trust. It was only after the Trust came into the possession of the land that the mutation entry (Exhibit No. 115) was made in favour of the Trust. In a suit filed for possession based on title the Plaintiff is bound to prove his title and pray for a declaration that he is the owner of the suit land because his suit on the basis of title cannot succeed unless he is held to have some title over the land. However, the main relief is of possession and, therefore, the suit will be governed by Article 65 of the Limitation Act, 1963. This Article deals with a suit for possession of immovable property or any interest therein based on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lands. (ii) That, the plaintiffs be put in possession of the lands referred to above from Defendant No. 1 to 11. 2. The present Appellants and others contested the suit. According to the plaintiffs, the possession of the land in question was illegally given to Namdeo Deosthan Trust (for short 'the Trust') on 19.08.1978 by the Government and it was prayed that the possession of this land be restored to the plaintiffs. The defendants contested the suit on various grounds. One of the main grounds raised was that the suit was not filed within the period of limitation. It was also contended that the suit was bad for non-joinder of necessary parties and it was contended that the suit land belonged to the Trust since time immemori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be descendents of Mutawalis and not Inamdars. Hence, this appeal. 5. We have heard learned Counsel for the parties. 6. During the pendency of this appeal, some of the plaintiffs have died and their legal representatives were not brought on record. Though a preliminary objection was raised that the appeal abates as a whole, we find no merit in this preliminary objection. The plaintiffs have been held to be descendents of Mutawalis of the properties which is in the nature of a managerial post. As such the appeal does not abate. 7. learned Counsel for the Appellants submitted that the plaintiffs had failed to prove that the land was the land of the Dargah. The second submission was that the suit was barred by limitation. It was al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... District Judge as well as the High Court, who had proved that the suit land belonged to the Dargah. According to the High Court, the plaintiffs were not actually Inamdars and were manning the affairs of the Dargah in the nature of Mutawalis. Evidence was led by the plaintiffs to show that they had been held to be the successors of one Nizamuddin, the original Mutawali of the Dargah by the competent authority under the Hyderabad Atiyat Inquiries Act, 1952. The High Court made reference to a large number of documentary records proved by the plaintiffs from the year 1915 onwards, which showed that the land had been granted to the Dargah as far back in 1915. Therefore, the Dargah was shown to be the owner as far back in 1325 Fasli (1915 A.D.) i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... declaration and not a suit for both declaration and possession. In a suit filed for possession based on title the Plaintiff is bound to prove his title and pray for a declaration that he is the owner of the suit land because his suit on the basis of title cannot succeed unless he is held to have some title over the land. However, the main relief is of possession and, therefore, the suit will be governed by Article 65 of the Limitation Act, 1963. This Article deals with a suit for possession of immovable property or any interest therein based on title and the limitation is 12 years from the date when possession of the land becomes adverse to the plaintiff. In the instant case, even if the case of the defendants is taken at the highest, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the lesser relief or smaller version of the relief claimed or prayed for can be granted. The plaintiffs claimed the status of Inamdars which is a higher position than that of Mutawalis. The High Court has granted a lesser or lower relief and not a higher relief or totally new relief and, therefore, we reject this contention also. 12. It was also urged that the civil court had no jurisdiction to decide the suit. No such objection was raised before the trial court. This objection was raised before the High Court but has been rightly rejected. The issue in this case was whether the properties were properties of the Dargah or not and the issue was not whether the properties are wakf properties or not. The High Court rightly held that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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