UNION OF INDIA Vs. SYED SHAH NASIR HUSSAIN

JUDGEMENT

(1.) This Letters Patent Appeal arises out of a suit for permanent injunction brought by Sajjadaushin and mutawalli of Dargah Hazrat Sheikh Mohd. Chisti against the Union of India in 1959. The plaintiff's case was that there is a graveyard, well and trees attached to the dargah with an area of about 806/1/3 sq .yards which is a part of khasra No. 417. It was claimed by the plaintiff that be and his predecessor in interest have been in possession of the property for the last 300 years. The plaint recites about an old litigation. On November 5, 1938, the Governor-General-in Council brought a suit (Suit No. 463 of 1938) forpossessionofSbighas-8 biswas of this property against the plaintiff's grand father, Pir Karar Hussain.

(2.) In that suit a decree was passed by consent of parties on March 1 1. 1939, which provided that a perpetual lease free of rent would be granted in favour of sajjadaiiashin & mutwali wilh respect to the dargah, mosque, graveyard and well. As regards the remainder of the land it was agreed that possession will be taken by the Governor General in Council. It is not disputed that the said decree was never executed. Nor was any document granted the perpetual lease ever executed.

(3.) In the suit of 1959, the plaintiff complained that inspite of the nonexecution of the decree dated March II, 1939, the Land and Development Officer of the defendant, Union of India, had given notices to his tenants requiring them to vacate the premises occupied by them within the disputed area within a week. These notices were challenged by the plaintiff on the basis of his title to land. An injunction was prayed for to restrain the defendant from interfering with the possession othe plaintiff. The Union of India contested the suit. They denied the claim of the plaintiff to the land in question and asserted that the non-execution of the decree did of effect their title to the land.