Judgement

A.N. RAY. C.J. :- This appeal is by special leave from the judgment dated 29th March, 1968 of the Punjab and Haryana High Court.

2. The appellant brought this suit against the respondents for possession of a plot of open land. The land bears plot No.32. The appellant alleged that plot No.32 formed part of plot No. 116 and the land was Idgah. Idgah means a place of public worship. The appellant s case was that the land was wakf property and was transferred to the appellant by the Custodian of Jullundur. The respondents were alleged by the appellant to be in unlawful occupation of the plot of land after the partition of India.

3. The trial Court held that the land in dispute was not Idgah and there was no wakf. The suit was dismissed.

4. The Additional District Judge affirmed the decision of the trial Court.

5. The High Court did not admit the appeal.

6. The appellant raised two contentions. First, the Custodian of Punjab (Jullundur ) declared the property forming the subject-matter of the suit to be evacuee property under the Administration of Evacuee Property Act, 1950 (hereinafter called the Act). The Custodian transferred the property to the appellant. The property was origin