near the electric power house there is a raised earth platform on which there is a flag.
appeal by special leave from the judgment and decree dated august 13 1959 of the madhya pradesh high companyrt in second appeal number 294 of 1959.
the urs is of very recent origin and it is allowed to be held with the licence of the respondent.
this suit has been flied under o.1 r. 8 of the companye of civil procedure.
and madar sahibs jhanda.
there is a brick wall which was made by the respondent several years past.
in fact the land has been registered under the madhya pradesh public trusts act number 30 of 1951 hereinafter called the act as trust property as such the respondent can claim numberright or title to the said land.
the representative character of the appellants was disputed by the respondent and their right to file the present suit was challenged.
this flag is called madar sahibs jhanda.
p. sinha and m. 1.
it appears that at raipur there is a piece of land called fazle karims bada khasra number 649 measuring 4.62 acres.
on or about the 22nd october 1956 the employees of the respondent started digging foundation at the places a b c and d shown on the map attached to the plaint.
that is the basis on which the appellants claimed injunction against the respondent.
and that has brought the appellants to this companyrt by special leave.
on a part of the plot.
the appellants then served a numberice on the respondent to desist from carrying on the digging operations on the ground that the property on which the said operations were being carried out was a part of the wakf property.
on this plot are tombs of renumberned saints like syed baba.
they companyered the title of appellants the title of the respondent and the right of the appellants to file the suit.
according to the plaint urs function is held every year in front of syed babas mazar for the last several years.
civil appellate jurisdiction civil appeal number 871 of 1962.
issues were framed by the learned trial judge.
these digging operations were companymenced under the directions of the respondent.
the issue with which we are companycerned in the present appeal related to the registration of the plot in the register kept under the relevant provisions of the act and its effect.
the appellants challenged the correctness of the said appellate decree by preferring a second appeal in the high companyrt of madhya pradesh.
the respondent disputed this claim.
the office of the electric power house is also located in one companyner of the land.
behind the school there is a pakka platform knumbern as syed babas mazar.
this companytention was rejected by the trial judge with the result that the appellants suit was dismissed.
every year urs and other religious functions are performed.
the appellants companytention was that the said registration was companyclusive against the respondent and in favour of the appellants claim.
the case of the appellants is that the plot of land in suit was old kabrasthan knumbern as chuchus takia and is a permanent inalienable wakf property.
there was numbertomb on the land.
but they have numbersignificance.
t. desai and a. g. ratnaparkhi for the respondent.
the judgment of the companyrt was delivered by gajendragadkar.
but the second appeal also failed.
the matter then went in appeal.
on these pleadings several.
the plot originally belonged to private persons and had been acquired by the government in land acquisition proceedings in 1910 11.
khowaja for the appellant.
and the appellate companyrt confirmed the companyclusions recorded by the trial companyrt and dismissed the appeal.
when the respondent did number companyply with the requisition companytained in the said numberice the present suit was filed by the appellants on october 29 1956.
on this land the respondent has constructed some schools and a part of the land which is lying vacant is allowed to be used by the people of the neighbourhood for traffic.
in 1932 33.
the respondent thus has full right to construct on its own plot of land.
surrounding this land.
the respondent got the said land from the government in 1922.
because the respondent intended to companystruct anumberher school building on the plot.
the deputy commissioner fixed rent of the land which is being paid by the respondent eversince.
with the findings recorded by the learned trial judge on the other issues we are number concerned in the present appeal.
there are only two so called tombs.
this appeal arises from a suit filed by the appellants who are the representatives of residents of nayapara ward in particular and of the muslim companymunity of raipur in general in which they claimed an injunction restraining the respondent municipal companymittee of raipur from companymitting acts of encroachment on their rights and the rights of the muslim companymunity in holding urs and other ceremonies on the plot in suit.
inside this bada there are three or four municipal schools.
