SHAH SYED NEYAZ ASHRAF Vs. LAND MANAGEMENT COMMITTEE

JUDGEMENT

(1.) List revised. No one appears for the respondents.

(2.) Heard Sri S.M.N. Bokhari, learned counsel for the appellant.

(3.) This is plaintiffs appeal. Plaintiff instituted O.S. No. 469 of 1975 against Land Management Committee, Sultanpur, Khawaja Kharak and Gaon Sabha of the said village claiming that there was a Mazar surrounded by boundary wall, total area of which was about one bigha and that said Mazar and the adjoining land comprised in 15 to 20 plots (area about 50 bighas) was Waqf property, even though in the revenue record it was wrongly entered as Banjar belonging to the defendant-respondents Gaon Sabha/Land Management Committee. The necessity to file the suit was that on the occasion of annual URS a fair was arranged. On the one hand Gaon Sabha and Land Management Committee and on the other hand the plaintiff claimed the right to realize teh bazari / rent from the shop keepers who sold their merchandise from specified portions of the said land allotted to them during URS period. Plaintiff also claimed that there were some graves on the adjoining land. In fact in respect of the land over which Mazar and the grave of the Suffi/Saint was situate and the land covered by the boundary wall there was no dispute. The dispute was with regard to the adjoining land. The plaintiff had asserted that on the adjoining land in dispute there were some graves.