Judgment

Rajendra Babu, J.-Anjuman Islamia Chhatarpur (Respondent No. 1) filed a suit (Civil Suit No. 2-A of 1974) on the file of the District Judge, Chhatarpur in Madhya Pradesh for declaration that the suit property known as ‘Badi Takia’ described in plaint sketch Ex-P-2 except for a plot measuring 6’x6 situate in it is wakf. In respect of this proper­ty there are three rounds of litigation.

2. 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 court 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 years and the re­spondents had without consent of plaintiffs had put their Tazia on the land. 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 committed trespass by keeping their Tazia on the suit land. In the appeal referred against that decree the Appellate Court reversed the decree of the trial Court and held the property to be wakf property. The matter