Judgment

GAJENDRAGADKAR, C.J.I. : 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 community of Raipur in general, in which they claimed an injunction restraining the respondent, Municipal Committee of Raipur, from committing acts of encroachment on their rights and the rights of the Muslim community in holding Urs and other ceremonies on the plot in suit. It appears that at Raipur, there is a piece of land called "Fazle Karim s Bada" Khasra No. 649 measuring 4.62 acres. Inside this Bada, there are three or four Municipal Schools. The office of the Electric Power House is also located in one corner of the land, Behind the school, there is a Pakka platform known as "Syed Baba s Mazar." Near the Electric Power House, there is a raised earth platform on which there is a flag. This flag is called "Madar Sahib s Jhanda . Surrounding this land, there is a brick wall which was made by the respondent several years past. According to the plaint, Urs function is held every year in front of Syed Baba s Mazar for the last several years. On or about the 22nd October, 1956, the employees of the respon