SUFI FASAHAT HASAN SHAH Vs. SUFI LIAQA HUSAIN

JUDGEMENT

(1.) Heard Sri Ajit Kumar, learned counsel for the petitioners and Sri Jafar Naiyer, learned Senior Advocate assisted by Sri Saurabh Srivastava, leaned counsel for the respondents.

(2.) Writ petition no. 3434 of 2001 has been filed challenging judgment and order dated 16.9.2000 passed by respondent no. 2 in Civil Revision No. 17 of 2000 (Sajjada Nashin Sufi Liyaqat Hussain vs. Fasahat Hussain Shah & another). Writ Petition No. 3436 of 2001 has been filed against order dated 16.9.2000 passed by respondent no. 2 in Civil Revision no. 18 of 2000 (Sajjada Nashin Sufi Liyaqat Hussain vs. Fasahat Hussain Shah & another). It may be noted that both the revisions were consolidated and decided by a common order dated 16.9.2000. Challenge in both the writ petition is impugned order dated 16.9.2000 passed in Civil Revision No. 17 of 2000 and Civil Revision No. 18 of 2000. Thus, both the writ petitions are being decided by a common judgment.

(3.) Facts as stated in the writ petitions are that the petitioners filed Original Suit No. 702 of 1993 with the relief that the defendant respondent be restrained from raising construction over the portion shown in the plaint map and further they may not raise any projection towards the 'Mazar' of Rehmat Shah Mian so as to affect the title of the plaintiff. It was stated in paragraph 1 of the plaint that the plaintiff was looking after the 'Mazar' of Mohd. Inayat Hussain Shah and Mohd. Rahat Hussain Shah situated at plot No.571. In the said suit, a written statement was filed by the defendant respondent no.1. It was submitted in the written statement that the defendant respondent no. 1 was owner of plot no. 570 and the 'Mazar' of Mohd. Abrar and Sri Abdul Aziz Mia existed on the said plot namely plot no. 570. It was further stated that the plot no. 571 is the property of Gaon Sabha and has been recorded as 'banjar' in the revenue record. The plaintiff/petitioner encroached upon the said plot and had constructed the 'Mazar' of Mohd. Rahat Hussain Shah. It was also stated in paragraph 8 of the written statement that the plot no. 571 is Gaon Sabha land and the defendant had shifted residences of various people from the plot no. 571 to another place and now he became owner in possession of plot no. 571on which construction of rooms and shops were done. The 'Majar' of Sri Rahmat Hussain Shah had been illegally constructed by the plaintiff on the plot No. 571.