SHAMSHUDDIN Vs. STATE OF U P

JUDGEMENT

(1.) THIS Second Appeal filed on 26.4.1971 by Shri Shamshuddin (since deceased) and others substituted with his heirs Shamshad Ali and others for appellant no. 1 and other heirs of appellants, arises out of representative suit claiming rights over part of plot No. 592/2 of Village Bargawn, Newada, P.O. Mariahun, District Jaunpur in respect of burial of dead bodies of the community, shown by letters A, B, C, D in the plaint sketch.

(2.) THE Original Suit No. 195 filed in the year 1967, giving rise to this Second Appeal, was decreed directing the State of UP and others through the Collector, Jaunpur; Gaon Sabha, Mauja Bargaon, Pargana Mariahun, District Jaunpur through its Pradhan and other private parties from interfering in plaintiffs' rights on burial of dead bodies on the disputed land. THE Munsif Jaunpur in his judgment dated 30.4.1969 clarified in the operative portion of his order that the disputed land, which has been defined by letters A, B, C, D with blue colour in map (paper 46-C) shall form part of the decree. THE Civil Appeal No. 109 of 1969 filed by Jalaluddin and others-private respondents against Shri Shamshuddin and others; Civil Appeal No. 118 of 1969 filed by Shamshuddin and others vs. State of UP and others and Civil Appeal No. 122 of 1969 filed by State of UP vs. Shamshuddin and others were allowed. THE judgment and decree of the lower court was set aside and the suit was dismissed, giving rise to this second appeal.

(3.) THE plaintiffs-respondent belong to Ansar (Weavers, Hajjam and Dafali sections) of community of Muslim religion, of village Barigaon and the adjoining village Newada. THEy claim the disputed land to be the graveyard of the said sections, including the plaintiffs, in which their dead bodies are buried from time immemorial and that they have customary rights to continue to do so. THE trees have been planted by their ancestors for shade on graves, and for use of their wood for burial purposes. THE fruits are appropriated by the plaintiffs. In 1961 the plaintiffs came to know that the Lekhpal has entered the land as 'Banjar' instead of graveyard and due to this wrong entry, the property has been included in the property register of the Gaon Sabha. THE applications for correction of the records were dismissed by the Tehsildar. THE revision against the order was dismissed by the Collector, giving rise to the suit.