RANA SAMEER SINGH Vs. AJEEM BUX

JUDGEMENT

(1.) THIS writ petition has been filed as against the order passed dated 17.3.2004 by Ilnd Additional District Judge, Satna in Miscellaneous Civil Appeal No. 15/2003 reversing the order dated 13.2.2003 passed by the First Civil Judge, Class-Il, Satna in Civil Suit No. 39-A/2001.

(2.) PLAINTIFF -petitioner has filed suit for declaration of title and permanent injunction with respect to land bearing Survey Nos. 277. 278 and 279 in area 6.08 acres. Plaintiff has based his right on the basis of registered sale- deed (P-1) dated 10.3.1995. It is alleged that Shri Bindeshwari Prasad, was the Jagirdar of village Raigaon and number of adjoining villages of Satna District. He was succeeded by his sons Ajay Singh, Uday Singh and Abhay Singh. The petitioner allegedly purchased the land from the successor of Shri Bindeshwari Prasad. Plaintiff has claimed that his name has been mutated after purchase of the land. All of a sudden, MLA of the area lodged a complaint to the Collector, District Satna that the suit land was burial ground for the Muslims. Collector passed an order (P-2) that no obstruction be created in burial of the dead belonging to the Muslim community. Hence, the suit was filed for seeking permanent injunction. Interim application was also filed, for restraining the defendants from burying the dead on the suit-land. Plaintiff has submitted that another survey number be reserved for the burial ground for Muslim Community. Order passed by the Collector is bad in law.

(3.) IT is submitted by petitioner that the report of Patwari (P-9) dated 7.10.2001 shows that the land has been recorded in the name of the petitioner. Report of Patwari (P-10) dated 29.10.2001 has also been relied upon. Panchnama (P-11) dated 29.12.2001 recorded that the said Khasra No. 348 burial takes place. Order (P-12) dated 30.5.2002 of the Collector in Revenue Case No. 149-A-59/2001-2002 mentioned that an area of 0.69 acres out of Khasra No. 89 is recorded as burial ground. Jamabandi (P-13) for 1958-59, Khasra Panchsala (P-14) for the year 1960-61, Khasra Panchsala (P-15) for the year 1974-75 to 1979, Khasra Panchsala (P-16) for the year 1979-80 to 1983, Khasra Panchsala (P-17) for the year 1995-96, .Khasra Panchsalas (P-18 to P-19) for the year 1997-98 and 1999-2000, Khasra Panchsala (P-20 and P-21) for the year 2001-02 and 2003-04. Thus, it is submitted that the plaintiff is in possession. Muslim community has no right to perform burial in the land in question. Hence, the appllate Court has erred in law in dismissing the appeal of the plaintiff- petitioner and allowing the appeal filed by the defendants-respondents.