MOHAMMED ISHAQ Vs. BALMAKUND LAL

JUDGEMENT

(1.) This appeal No. 1024 and the connected appeals namely 1025 to 1027, arise out of four independent suits instituted by the same parties namely the respondents who were the plaintiffs in the Court of first instance, for similar reliefs.

(2.) It appears that the plaintiffs claimed to be the owners of a plot of land bearing No. 1065, containing some trees. Adjoining this plot of land and to the east of it are two plots which are recorded in the village paper as graveyards. The plaintiff said that plot 1065 was not a graveyard but had been used as such, at the occasions complained of, by the defendants in the four suits, without any right. The relief sought for was recovery of possession and injunction.

(3.) The defence was that the plot in question had been used from time immemorial as a graveyard and the plaintiffs had no right to stop the defendants and other Mohammedans of the community from using it as such.