MATHURA PRASAD Vs. KARIM BAKSH

JUDGEMENT

(1.) The facts out of which this appeal arises, may be stated as follows:

(2.) The plaintiffs and the pro forma defendants are Muhammadan residents of a certain village. The defendant-appellant is a Hindu, a mahajan of the same village. The dispute relates to a certain plot of grove land therein situated.

(3.) The ancestors of the plaintiffs and of the pro forma defendants held this grove as tenants. They executed a series of deeds purporting to transfer whatever rights they possessed therein, to the defendant. A dispute having broken out between the parties, the present suit has been brought by the plaintiffs to enforce a right, alleged to exist in favour of the family of which the plaintiffs and it he pro forma defendants are members, to bury their dead in the said grove.