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2000 Supreme(P&H) 535

R.L.ANAND
Abdul Rehman – Appellant
Versus
Khuda Bax And Ors. – Respondent


Judgment

R.L.Anand, J.

1. This is a defendants appeal and has been directed against the judgment and decree dated 11.1.1996 passed by the Court of Addl. Distt. Judge, Gurgaon, who accepted the appeal of the plaintiffs by setting aside the judgment and decree of the trial Court and decreed the suit of the plaintiffs for permanent injunction restraining the defendant (now appellant) from encoarching upon or raising any sort of construction on the suit land or from changing the nature of the suit property. The first Appellate Court set aside the judgment and decree dated 26.4.1995 vide which the suit of the plaintiffs was dismissed.

2. The pleadings of the parties can be described in the following manner:

Khuda Bax and Abdul Rajak filed a suit for injunction against Abdul Rehman-defendant (now appellant) that the land measuring 11 Kanals 15 marlas comprised in Khewat No. 527, Khatoni No. (sic), Khasra No. 117, situated in village Bhadas is owned and possessed by Punjab Wakf Board (hereinafter referred to as the Board) and is reserved for Kabristan. The plaintiffs are the inhabitants/bishwedars and voters of village Bhadas and they have every right to protect their religious feelings. T
























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