The respondents herein brought a suit in representative capacity for injunction restraining the defendant appellant herein from interfering with the right of offering worship on the land companyprised in survey number 187.
The case of the appellant was that the land was purchased by his father in companyrt auction in the year 1935 and since then they have been in possession over the land.
t was denied that there was any mosque much less a public mosque existed on the said plot of land.
The said decree of the trial companyrt was affirmed by the first appellate companyrt.
The trial companyrt, after companysidering the entire evidence on record, recorded a finding of fact that there never existed any mosque on the said plot of land.
On the premise that once a mosque, always a mosque, the respondents claimed right to offer worship on the land and also to use it as burial ground.
The case of the plaintiff respondents was that on disputed land there existed a dilapidated mosque which was subsequently fallen down.
However, plaintiffs second appeal was allowed by the High Court and the suit stood decreed.
It is against the said judgment of the high Court, the defendant is in appeal before us.
Consequently, the suit was dismissed.
