Hemant Gupta, J. - (1.) The defendants are in second appeal aggrieved against the judgment and decree passed by the Courts below arising out of suit for permanent injunction in respect of land measuring 64 Kanals. The Plaintiffs amended the plaint so as to claim decree for possession after the defendants were delivered possession during the pendency of the suit.
(2.) The plaintiff -respondents filed a suit for permanent injunction in respect of land described in the head note of the plaint alleging themselves to be tenants under the Wakf Board. It was pleaded that the suit land belongs to Takia Maghi Shah, a Muslim Khanga and the land in dispute vested in the Custodian after the Muslims migrated to Pakistan in the year 1947. It was further pleaded that, as per Wakf Act, 1954 (hereinafter to be referred as "the Act"), all properties such as graveyards, Takias, Khankhas, Immam Bara, Dargahas, Kasbaias etc. vested in the Wakf Board. The land in dispute being land attached to Takia Maghi Shah vested in the Wakf Board.
(3.) It is pleaded that the plaintiffs are in possession of the land as tenant of the Wakf Board since 1960 and the Custodian has no right title or interest in the suit land and, thus, sought injunction against the defendants, the present appellants. The defendant -appellants denied that the land ever vested in the Wakf Board and the suit property was not transferred under any notification of the State Government nor was eliminated from the register of the Custodian department as an Evacuee property.;