BABULAL Vs. THE CHAIRMAN AND ORS.

JUDGEMENT

(1.) Aggrieved by the judgment and decree of the Wakf Tribunal in decreeing the suit of the plaintiffs by declaring that the property to an extent of 2 acres 35 guntas of Sy.No.26/A as illegal and void and granting an order of permanent injunction against the defendants in interfering with the plaintiffs' peaceful possession and enjoyment of the said land, the defendant No.3 has filed this writ petition.

(2.) The parties would be referred to as per their rankings before the Tribunal.

(3.) The case of the plaintiffs is that plaintiff Nos.1 to 8 are the only surviving legal heirs of their deceased father Tuljaprasad S/o Ramprasad Pande who was an exclusive owner and in possession of agricultural land bearing RS No.26-A measuring 9 acres 10 guntas situated at Mahal Bhagayat Bijapur. He died intestate on 16.08.1971. The plaintiffs have inherited the suit land. Since then they are in exclusive possession and enjoyment of the same as absolute owners. During the lifetime of their father, one gunta was acquired by the Government in the year 1934 for the purpose of building a compound wall around Mulla Masjid which was situated towards the east of the suit land. It was given a separate survey number as 26-B. During his life time he converted certain portions of the land into residential plots and sold to various persons. That there is a Well in the suit land which was owned by the plaintiffs and it is fitted with electric pump-set and was used by them. Towards the western side of the land, there are some monuments consisting of tombs and arches etc. which are being treated as monuments and are preserved by the Archeological Survey of India since 1951.