JUIT LOHAR Vs. SHAHEED

JUDGEMENT

(1.) This is a defendant second appeal in a suit filed by plaintiff-respondent Sheikh Murtaza now represented by his heir and legal representative Shaheed for possession over the land in suit, which is a graveyard, as Mutwalli thereof and for removal of cattle-troughs and pegs set up by the defendant on a ..part of the land in suit. The trial court dismissed the suit on the finding that the plaintiff had no right to sue as the land had vested in the State after the abolition of the zamindari. It did find that the plaintiff was the Mutwalli of the graveyard, but also found that he is not entitled to sue as the State of U. P. was the best person entitled to sue for removal of the encroachments.

(2.) The lower appellate court reversed .the judgment of the trial court and decreed the suit for a mandatory injunction directing the defendant to remove his cattle-troughs and pegs from the land in suit. The claim for possession was not decreed.

(3.) The plaintiff-respondent did not appeal from the dismissal of his claim for possession but the defendant-appellant has appealed to this Court. Learned counsel for the defendant-appellant urged that the plaintiff alone had no right to sue and even if he was suing for the benefit of the Muslim community he ought to have filed the suit as one of their representatives.