IQBAL HUSAIN KHAN Vs. WAQF ARAB ALI KHAN

JUDGEMENT

(1.) Heard Sri Sharad Malviya, learned counsel for appellant and Sri Shamim Ahmad, learned counsel for respondent at the admission stage.

(2.) This is defendant's second appeal arising out of O.S. No.956 of 1981, Waqf Arab Ali Khan Vs. Iqbal Husain Khan. VIII Additional Musnif, Allahabad dismissed the suit on 23.12.1986. Against the said decree plaintiff respondent filed Civil Appeal No.60 of 1987. A.D.J.-13, Allahabad allowed the appeal through judgment and decree dated 20.05.1995, set aside the decree of the trial court dated 23.12.1986 and decreed the suit of the plaintiff for permanent prohibitory injunction restraining the defendant appellant and his associates from interfering in the peaceful possession of the plaintiff over the disputed waqf property and from making any construction thereupon. This second appeal is directed against the said decree of the lower appellate court.

(3.) It is undisptued that Waqf was created in 1919 through registered deed by Arab Ali Khan and his wife Imteyazan Bibi as both were co-sharers of the property. The suit was filed by the Waqf through its mutwalli Sri Khakhan Sibten Khan. Property in dispute was described by letters A B C D in the plaint map and was shown to be open piece of land, part of Waqf property. It was alleged that defendant had started raising wall over the property in dispute.