( 1 ) THIS Letters Patent Appeal arises out of a suit for permanent injunction brought by Sajjadaushin and mutawalli of Dargah Hazrat Sheikh Mohd. Chisti against the Union of India in 1959. The plaintiff s case was that there is a graveyard, well and trees attached to the dargah with an area of about 806/1/3 sq. yards which is a part of khasra No. 417. It was claimed by the plaintiff that be and his predecessor in interest have been in possession of the property for the last 300 years. The plaint recites about an old litigation. On November 5, 1938, the Governor-General-in Council brought a suit (Suit No. 463 of 1938) forpossessionofsbighas-8 biswas of this property against the plaintiff s grand father, Pir Karar Hussain.

( 2 ) IN that suit a decree was passed by consent of parties on March 1 1. 1939, which provided that a perpetual lease free of rent would be granted in favour of sajjadaiiashin and mutwali wilh respect to the dargah, mosque, graveyard and well. As regards the remainder of the land it was agreed that possession will be taken by the Governor General in Council. It is not disputed that the said decree was never executed. Nor was any document granted