N.K.Kapoor, J.

1. This is plaintiffs appeal against the judgment and decrees of the Courts below by which plaintiffs suit for declaration that Nath plaintiff (now through his sons) was tenant in possession of land measuring 11 Kanals 10 Marlas situate in village Sauna Tehsil Nawanshahr under Defendant No. 2 - Punjab Wakf Board and as a consequential relief for permanent injunction restraining defendant No. 1 from taking possession of the land on the basis of order dated 30th October, 1975, has been dismissed.

2. This suit was originally filed by Nath-plaintiff on the ground that the suit property is a Wakf property and has been declared to be so vide notification Nos. 2(52)/57-Prop. dated 18th March, 1960 and 38(15)-7-J-61/7527 dated 27th February, 1961. It is a graveyard and has been used as such by the persons professing Islam for burying the dead for the last more than a century. This land was leased out to Nath-plaintiff by defendant No. 2 about 6/7 years back and ever since the land has been in possession of the plaintiffs as tenant-at-will. It is further stated that defendant No. 1 filed an application under section 5 of the Punjab Public Premises and Land (Eviction a