K.N. Srivastava, J. - (1.) This is an appeal by the unsuccessful Plaintiffs, arising out of the following facts: The Plaintiff -Appellants brought a suit with the allegation that the disputed land was a graveyard, which was a Waqf property and the dead bodies of the Muslims of the village were" buried there. The Plaintiffs sold certain trees standing in the graveyard in their capacity as Mutwallis. But, on an application made by the Gram Samaj, the SDO ordered that the money should be deposited by the Plaintiffs with the Chairman of the Land Management Committee who shall spend the amount in repairs and upkeep the graveyard in consultation with the persons connected with the graveyard. The Plaintiffs, therefore, brought the suit for injunction.
(2.) The suit was contested by the Defendants who alleged that the suit was barred by Sec. 56 of the Specific Relief Act. It was alleged that the graveyard had vested in the Gram Samaj and the Plaintiffs had no right to bring the suit.
(3.) The learned Munsif held that the land was a graveyard and vested in the Gram Samaj and that the Plaintiffs were not the Mutwallis of the waqf. The suit was, accordingly, dismissed. The learned lower appellate court, on appeal, confirmed the findings of the trial court and dismissed the appeal. Hence, this second appeal.;