NISAR AHMED Vs. UDMI RAM

JUDGEMENT

(1.) THIS is plaintiff's second appeal against the judgment and decree passed by Additional District Judge No. 1, Alwar reversing the judgment and decree of Munsif, Tijara, Kishangarh Bas and dismissing the suit of the plaintiff for possession and injunction.

(2.) THE plaintiff is Mutwali and after taking permission from the Wakf Board, filed the suit, out of which this appeal has arisen, for possession and injunction against the defendant -respondent, alleging that in Village Kot Kasim, there is an open land measuring 41 yards North -South and 30 Yards East -West, which is known as 'Takia' being a Wakf Property, and since the defendant had encroached upon a portion of this land, he filed the present suit for possession and injunction.

(3.) THE learned trial court after framing issues and recording evidence of the parties, decreed the suit of the plaintiff. On appeal filed by the defendant, the learned Additional District Judge set aside the decree of the trial court and dismissed the suit of the plaintiff. Hence, this appeal has been preferred by the plaintiff appellant.