( 1 ) THIS appeal arises out of a suit brought by representatives of the Muslim equivalent Citation: community of Ujjain under Order 1 Rule 8, C. P. Code, after obtaining sanction of the Advocate-General.

( 2 ) THE property in suit is a defunct grave-yard (Kabarstan) in Ujjain. The defendants are sons of one Abdulrahman. They used to live with one Karimshah fakir who was appointed manager of the Kabarstan some time in Samvat Year 1974-1916 A. D. In 1916 a flour mill was set up by one Alimohammad who was alleged to be the purchaser from Mariambai. This Mariambai and Shahbajthan constructed residential house on a part of the graver yard about 15 or 16 years before. Another house was also constructed by Shahbajkhan. These constructions, it is alleged were with the permission of the Muslim Community in general. Mariambai Shahbajkhan and defendants were allowed to live in that house for looking after the management and affairs of Kabarstan.

( 3 ) ABOUT 4 years before the suit it is alleged that the defendants were neglecting the management of the grave-yard and were asserting their title as owners. On 15-7-47 Shahbajkhan obtained permission from the Municipality for construction