Mohammad Ali vs Labh Singh - 1936 Supreme(Lah) 267

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1936 Supreme(Lah) 267

AGHA HAIDAR
Mohammad Ali – Appellant
Versus
Labh Singh – Respondent

JUDGMENT

Agha Haidar, J. - This appeal arises out of a suit for a perpetual injunction restraining the defendants from using the site indicated in the plan attached to the plaint for the purpose of building a mosque and also for possession of a certain area indicated in the plaint which has been enclosed by walls and on which the defendants intend to build a mosque. There was a further claim for a sum of Rs. 20, the price of a certain tree which was standing on the site in dispute and which it was alleged had been cut down by the defendants. The plaintiffs are certain proprietors of the village and their case is that the site in dispute had been occupied by Bagh and Buta and on their death it came into the possession of one Mangtu who died 4 or 5 years ago and on his death it reverted to the proprietors. The plaintiffs further allege that there was a kotha on the site which was burnt down by them about 2½ years ago and that the defendants are now raising certain walls and intend to build a mosque on the site of the old kotha. The case for the defendants is that there had been a kacha mosque on the site in dispute and all that they intended to do was to convert it into a pacca buildi

Click Here to Read the rest of this document