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2016 Supreme(P&H) 2065

AMIT RAWAL
Punjab Wakf Board – Appellant
Versus
Hira Singh (since deceased) through LRs – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. G.N. Malik
For the Respondent: Mr. Kanwal S. Walia, Mr. Nirbhay Singh Gill, Mr. Munish Gupta
For the State : Mr. P.S. Bajwa

JUDGMENT :

Amit Rawal, J.

This order of mine shall dispose of one second appeal and three contempt petitions.

2. The appellant-Wakf Board is in second appeal against the judgment and decree rendered by the lower Appellate Court whereby the suit of the respondents-plaintiffs seeking declaration that plaintiffs and defendant Nos.3 to 15 are owners in possession of the land comprising in Khata No.209/238, Khasra No.43/27(7-7), Khata No.209/239, 240 Khasra No.201(4-0), Khata No.209/241, Khasra No.202(1-12), Khata No.209/245, Khasra No.87//26(18-8), 189(1-18), 200(2) and Khata No.36/52, Khasra No.87//27(5-18) situation in village Sialba, Hadbast No.118, Tehsil Kharar as entered in the jamabandi of 1976-77 with consequential relief of injunction, has been decreed.

3. Mr. G.N. Malik, learned counsel for the appellant submits that the learned Additional District Judge has illegally accepted the appeal ignoring the fact that the land has been used for graveyard by one family, as such it cannot be terms to be a graveyard. The aforementioned judgment is against the finding rendered by the Hon'ble Supreme Court in Syed Mohd. Salie Labbai (dead) by LRs and others Vs. Mohd. Hanifa (dead) by LRs and
























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