LAWS(HPH)-2015-5-184

HP WAKF BOARD Vs. KASHMIR SINGH AND ANOTHER

Decided On May 08, 2015
Hp Wakf Board Appellant
V/S
Kashmir Singh And Another Respondents

JUDGEMENT

(1.) This Regular Second Appeal is directed against judgment and decree dated 28.5.2001 rendered by learned Additional District Judge(I) Kangra at Dharamshala, Himachal Pradesh in Civil Appeal No. 117-D/2000.

(2.) "Key facts" necessary for the adjudication of the present appeal are that the land bearing Khasra No. 326 of Khata No. 312, Khatauni No. 563 min measuring 241.06 sq metres situate in Mohal Ramnagar, Mauza Mant, Tehsil Dharamshala, District Kangra, is claimed to be owned by the appellant-plaintiff (hereinafter referred to as 'plaintiff' for convenience sake) as per revenue record and it was a part and parcel of the graveyard for burial of dead bodies of Muslims. It was used for this purpose for more than 100 years. Respondents-defendants (hereinafter referred to as 'defendants' for convenience sake) in connivance with each other have forcibly raised construction in the graveyard in April-May 1993 despite repeated requests for not doing so.

(3.) The suit was contested by the defendants. According to them, the house was raised in the year 1978. At that time, nobody raised any objection. Suit was thus barred by the act and conduct of the plaintiff. House was constructed by the mother of defendant No. 2.