BANWARI AND OTHERS Vs. AHMAD SYED AND OTHERS

JUDGEMENT

(1.) Heard Sri Paras Nath Singh, Advocate, for appellants and Sri Lalit Kumar, Advocate, for respondents.

(2.) Appellants' suit for injunction against the defendant-respondents, whereby they had sought permanent injunction restraining the defendant-respondents from interfering in their peaceful possession and enjoyment of the property in dispute, was dismissed by Civil Judge (Senior Division), Khurja, Bulandshahar vide his judgment dated 2.12.2003 on the ground that the property in dispute is a Muslim graveyard, and, being a waqf, it could not have been a subject matter of transfer by sale, hence, the sale-deed dated 25.7.1969, whereupon the plaintiff-appellants founded their claim, was void ab-initio.

(3.) The Trial Court recorded a finding of fact that property in dispute was part of a Muslim graveyard and it was also registered in the Abadi Khasra land No. 724 as Kabristan. The Kabristan is a waqf and it could not have been transferred by a sale-deed, and, therefore, the alleged sale-deed, whereby the property in dispute was purchased by the plaintiff-appellants, was void ab-initio. The judgment of Trial Court has been confirmed by the lower Appellate Court dismissing Civil Appeal No. 136 of 2009 vide judgment dated 7.10.2010.