MEHNGA Vs. TEJ KAUR

JUDGEMENT

(1.) UNSUCCESSFUL plaintiff Mehnga has filed the present appeal and it has been directed against the judgment and decree dated 18.8.1999 passed by the Addl. Distt. Judge, Jalandhar, who affirmed the judgment and decree of the trial court and dismissed the suit of the plaintiff-appellant.

(2.) MEHNGA filed a suit for declaration in the representative capacity against Chanan Singh and Punjab Wakf Board, that the land measuring 5 kanals, fully described in the head note of the plaint, was a public graveyard and the entries for the years 1993-94 shown in the Jamabandi are wrong with consequential relief of possession of the land measuring 4 kanals 10 marlas, out of the suit land, and for mandatory injunction directing the defendant No. 1 to vacate the possession over the land in dispute, and for permanent injunction restraining the defendants from using the land for any other purpose other than graveyard and also restraining defendants No. 2 and 3 from leasing out the land in dispute to any other person, etc.

(3.) SO far as the legal proposition is concerned, there is no dispute but in the present case, the initial entry of Jamabandi has been rebutted. The Wakf Board has not filed any notification on the record to show that this property ever vested in the Board as a Graveyard. In these circumstances, both the courts below have rightly non-suited the plaintiff. Dismissed. Appeal dismissed.