PUNJAB WAKF BOARD Vs. SIMLI

JUDGEMENT

(1.) Regular Second Appeal Nos. 1714 and 1190 of 1979 have been filed by the defendants challenging the judgment and decree of the Additional District Judge, Rohtak, whereby judgment and decree of the trial Court was reversed and suit of plaintiff decreed as prayed for.

(2.) The facts of the case, in brief, are that as per plaintiff the land comprised in Khewat No. 540/493 Khata No. 796 Killa Nos. 263 to 265 measuring 13 Kanals 15 Marlas situated in Village Nahar was left by the Muslims of that village for the purpose of graveyard and that the Muslims of the village are owners in possession of the suit land which is being used as a graveyard from times immemorial; the graves of their forefathers exist thereon. Defendant Nos. 3 and 4 under the pretext of a lease under defendant No. 2 wanted to take possession of the land, for which they have no right. The plaintiff further averred that defendants Nos. 1 and 2 have got no right to lease out the property in dispute and, thus, claimed injunction restraining the defendants from taking possession of the property; and in the alternative for a mandatory injunction to vacate the possession.

(3.) Defendant Nos. 1, 3 and 4 contested the suit by filing separate written statements. Defendant No. 2 was proceed ex-parte.