MOLVI ABU NAEEM MOHAMMAD IBRAHIM Vs. BASHIR AHMAD

JUDGEMENT

(1.) Plaintiffs-Respondents filed the suit giving rise to this second appeal for a declaration that plots No. 508 and 509 corresponding to plots Nos. 330 and 331 measuring 2 bighas 14 biswas situate in village Akbarpur, Salahpur, is a public graveyard in which all Muslim residents of Khabanpur have a right to bury their dead without any interference from the Defendant-Appellant.

(2.) It appears that village Khabanpur is a part of villages Hatwa and Salahpur of Pargana Chail, District Allahabad. The case of the Plaintiff-Respondents was that the said land was being used for burying the dead bodies of the Muslims of Khabanpur from time immemorial and the land in dispute was thus a graveyard and has become Wakf property. The Defendant-Appellant was interfering with their right to bury their dead and, as such, the suit was being filed for the relief stated above.

(3.) The Defendant-Appellant contested the suit. He denied that the land in suit was a public graveyard and that the Muslims of village Khabanpur had any right to bury their dead in the said graveyard. He stated that there were some graves of the members of his family and that the plot in dispute was his Sirdari land and he was in possession of the same.