1. ' The Respondent No.1 filed Suit No.812/2001 against Respondent No.2 claiming that Respondent No.2 is occupying land owned by Respondent No.1 and has extended the occupied area for setting up madarasa. The Respondent No.2 denied the claim of Respondent No.1 by filing written statement. In the suit he also filed an application under Order I, rule 10, C.P.C. For joining of additional parties claiming that the disputed land on which the mosque and the madarsa are being run is owned by a trust. This application was dismissed. Evidence was recorded and finally decree was passed in favour of Respondent No.
1. The Respondent No.1 then filed execution proceedings and it was only when decree was being executed that trust filed this appeal. Learned counsel for the appellants has drawn our attention to a copy of the Trust Deed dated 07.04.1975 wherein apart of Respondent No.2 there were 10 other trustees. Existence of trust is denied by Respondent No.1.
2. ' The reason for filing this appeal is the claim of the appellants that mosque and madarasa are being run under the management of a trust, therefore, at this stage the issue as to whether there exists a trust and that the trust is being run on a property which was donated by someone to the trust, is yet to be adjudicated upon. In the circumstances, in the suit the alleged trust was necessary party. It is settled law that no limitation runs against the trust. Under the circumstances, when the plea of trust was raised, the learned Single Judge ought to have issued notice to the trust and joined it as a party. Fourteen years have already elapsed since the filing of the suit. We, however, consider it appropriate to set-aside the decree and remand the case back to the Trial Court, which will frame the issues. In our view, the following issues are pertinent and need to be framed: i) Whether the trust is being run on the land which was, donated to the trust or that the disputed land was part of the land leased out to PTCL?
3. Whether the persons claiming to be trustees of the Mubarik Jamia Masjid-Wa-Jamia Abu Bakar Tarteelur Quran Trust are in unlawful possession of the disputed land? iii) What should the decree be?
4. ' Let the issues be framed at the earliest and thereafter the learned Single Judge may appoint Commissioner to record evidence, so that the entire proceeding may come to an end within a period of one year.
5. ' The appeal alongwith the pending application stands disposed of in the above terms.