RAKESH SHARMA, J.

1. Heard Sri Shafiq Mirza, learned Counsel for the Appellant and Sri S.K. Mehrotra, learned Counsel appearing on behalf of the Respondent-legal heirs/ representatives of the original Respondents 1 and 2.

2. Through the present second appeal, the Appellant has assailed the judgment and decree dated 5.12.1978, passed by the Civil Judge, Lakhimpur, dismissing Civil Appeal No. 100 of 1978, affirming the judgment and decree passed by the trial court, i.e., the Munsif, Lakhimpur on 5.5.1978. The trial court had dismissed the Suit No. 294 of 1973, Anjuman Islamia Lakhimpur v. Sri Ram Pitarya and Anr. seeking permanent prohibitory injunction. (The Plaintiff Appellant had not sought any relief of declaration). Both the courts below, i.e., the trial court and the appellate court have recorded concurrent findings of facts and found the case of the Appellant as unfounded and declined to interfere with the possession of the Respondents over the land in question, alleged to be a part of the graveyard managed by the Appellant.

3. It emerges from record that the Appellant filed a suit bearing No. 294 of 1973, for permanent injunction restraining the Defendants from interfe