TAJUDDIN Vs. FAQRUDDIN

JUDGEMENT

(1.) THE plaintiff has filed this regular first appeal under Section 96 of the Code of Civil Procedure, 1908 against the judgment and decree dated 31st of January, 1981 passed by the Additional District Judge, No. 1 Jaipur City, in Civil Suit No. 67/1977, whereby the suit of the plaintiff for declaration permanent injunction and possession was dismissed.

(2.) BRIEF facts giving rise to this appeal are that on 13th of December, 1976 the plaintiff filed a suit in the lower court wherein it was prayed that a decree of declaration in favour of the plaintiff be passed declaring him Sajjadanashin and Mutwali of Dargah Hazrat Ziauddin Sahib situated near Moti Katla, outside Chaardarwaja in Jaipur City. A prayer for decree of possession was also made in respect of the properties which are in occupation of the defendants. It was also prayed that the defendants be restrained by a decree of permanent injunction not to interfere in the property of Dargah erected on Khasra Nos. 497 to 503.

(3.) IN support of the case, plaintiff Tajuddin examined himself as PW. 1 and produced documentary evidence Exhibit-1 the judgment of the Revenue Board dated 1. 2. 1974, Exhibit-2 the Judgment of the High Court dated 20. 12. 1944, Exhibit -3 the judgment of the Jaipur Chief Court dated 22. 8. 1940, Exhibit-4 the site plan filed with the plaint, Exhibit-5 the map of Jaipur Tehsil, Exhibit 6 & 7 Khasra Girdawri and Exhibit-8 copy of written statement filed by defendant No. 1 in the suit filed by Didar Ali.