MUSLIM WAKF BOARD Vs. MUNICIPAL BOARD

JUDGEMENT

(1.) This petition for revision under Section 115 of the Code of Civil Procedure is by the plaintiffs against the order, dated 29-6-1959, of the 2nd Civil Judge (Class II), Bhopal, in Civil Suit No. 50 of 1958, deciding certain preliminary issues.

(2.) The non-applicant (defendant) Municipal Board, Bhopal, served a notice on the plaintiff No. 1 to remove a shed from an open site described in the plaint. The case of the plaintiffs is that the site is owned by plaintiff No. 2 and has been leased to plaintiff No. 1. They alleged that the site did not belong to the Municipal Board, Bhopal, and had not vested in it. Accordingly, they claimed that the notice given by the non-applicant to them to remove the shed is improper and illegal. They prayed for a permanent injunction restraining the defendant from demolishing the structure or removing the materials thereof.

(3.) On behalf of the non-applicant a plea was taken that the land belonged to the State Government who should be impleaded as a defendant. It was also stated that the plaintiffs should ask for a declaration of their title to the land in addition to the injunction claimed.