SHAHI JAMA MASJID MERTA Vs. KANHAIYA LAL BHAGAT

JUDGEMENT

(1.) THIS is a plaintiff's second appeal arising out of a suit for mandatory and permanent injunction as well as mesne profits,

(2.) THE suit was filed by the Managing Committee of the Shahi Jama Masjid, Merta city. The mosque known as the Shahi Jama Masjid is said to have been constructed by the Muslim Emperors of Delhi. It is a massive building. It has a solid platform and comprises heavy arches, domes and lofty minars. It is a protected ancient monument and is tinder the supervision of the Archaeological Department According to the plaintiff, there are a large number of shops appurtenant to the mosque.

(3.) THE subject-matter of the litigation is a small strip of open land 51/2 X 41/2 situated on the back side of the mosque towards the south of the western corner of the main building. It is sandwiched between two shops. According to the plaintiff, the strip of land in question was in the ownership and possession of the shahi Jama Masjid and the Management Committee had been admitting tenants on it from, time to time. The grievance of the plaintiff was that the Municipal employees of Merta had fixed certain slabs of stone in the disputed strip of land. This is said to have been done by stages. At one time two slabs were put to start with and then later on 4 more slabs were fixed. What is written on these slabs of stone could not be deciphered, but according to the plain-tiff, there was the figure of a donkey on one of the slabs and also there was some inscription forbidding the 'bawris' (formerly recorded as a criminal tribe) from undertaking the obnoxious trade in tobacco. In the year 1956 the Managing Committee of the mosque made a complaint against the fixation of the new slabs in the disputed strip to the municipal Board, Merta and on 31-3-1956 the Municipal Board passed an order directing the removal of a slab that had been newly put and it was recited in the resolution (Ex. 6 on record) that two slabs were old ones. According to the plaintiff, after 31-3-1956 three more slabs were introduced by the Municipal employees in the disputed strip with the connivance and support of some of the hindus of Merta. The plaintiff, therefore filed the suit against Hindus of Merta City in a representative capacity.