In respect of this property there are three rounds of litigation.
As against the judgment in the second appeal, an appeal was filed in this Court being Civil Appeal No.
2527 of 1966 which was dismissed upholding the judgment of the High Court in second appeal.
They denied the companytention of plaintiff, therein that the property in question has been companystructed by the Mohammedans of Chhatarpur and the same work looked after by the Mohammedan companymunity.
1999 1 SCR 516 The Judgment of the Court was delivered by RAJENDRA BABU, J. Anjuman Islamia Chhatarpur Respondent No.
2 A of 1974 on the file of the District Judge, Chhatarpur in Madhya Pradesh for declaration that the suit proper ty known as Badi Takia described in plaint sketch Ex P 2 except for a plot measuring 6 x 6 situate in it is wakf.
After the companystruction of imambada the Tazia was being erected there and placed on the imamchowk within the Mosque companypound.
Third round of litigation was companymenced thereafter by the respon dents out of which the present appeal arises.
The Civil Judge II Class, Chhatarpur decreed the suit declaring that the plaintiffs are title holders, owners and occupiers of Badi Takia and the respondent had companymitted trespass by keeping their Tazia on the suit land.
The Musafirkhana had been used by the outsiders who visited Chhatarpur and the Panchayatghar was being used for holding meetings and the school was also being run in Badi Takia for imparting education to the Mohammedan children.
597.71 paisa for repairs of Mosque against defendants in the suit, Munshi Tegh Ali, Mohammad Jakir and others, regarding fund companylected for repair of Mosque.
The defendants therein who are appellants in the present appeal companytended that the suit property was number wakf property and claimed the same to be their private ancestral property known as Badi Takia and the houses called as Panchayatghar and Musafirkhahan were infact the residential houses of the defendants and their predecessor in title, which were companystructed about long time back.
First of them was brought by Tegh Ali and Wajid Ali by way of a suit filed on April 4, 1959 which was numbered C.S. 28 of 1960 in the companyrt of the Civil Judge, Chhatarpur for declaration, possession and damages against the respondents on the ground that they were owners of the whole property known as Badi Takia for over 250 yeas and the respondents had without companysent of plaintiffs had put their Tazia on the land.
1 filed a suit Civil Suit No.
