AUGUSTINE GEORGE MASIH,J. - (1.) THROUGH this petition, the petitioner has sought this Court to invoke the powers and exercise revisional jurisdiction under Article 227 of the Constitution of India read with Section 83 (9) of the Haryana Wakf Act for setting aside the impugned judgment dated 20.12.2007 passed by the learned Additional District Judge, Gurgaon, whereby the suit of the petitioner (plaintiff) was partly decreed with a further prayer to pass any other appropriate order or direction, which this Court may deem fit and proper in the facts and circumstances of the case.
(2.) A suit for declaration to the effect that land in dispute measuring 46 kanals 13 marlas comprised in khewat No. 242/226, khatoni No. 269, khasra No. 31, 32, 33 and 34 situated within the revenue estate of Village Sayed Shahpur, belongs to Patti Sadiq Ali and the same is reserved and is being used as "kabristan". The kabars of the ancestors of the petitioner also exist in the land comprised in khasra No. 33 and 34. It has been pleaded that the land in dispute is at two places and exists near abadi area of Village Sayed Shahpur. A Teela on a Dargah known as Baba Kher Wala Peer, exists over the land comprising of khasra No. 33 and 34, where the Muslim community worship at the Dargah and offers chaddars. There is a water hut in existence and people visit it in a large number on every Thursday for offering Namaz. Earlier Gram Panchayat was shown as owner of the land in dispute in the revenue records but in the jamabandi for the year 1985-1986, the land was shown to be owned by Shamlat Patti Sadiq Ali vide mutation No. 722 dated 17.11.1986. On the basis of a letter dated 16.11.1973 issued by the State Government, mutation of this land was sanctioned in the name of Punjab Wakf Board. The petitioner is the founder patron of Hazrat Baba Sayed Noordeen Dharmarth Trust Pataudi and he purchased one lac bricks and utilized those bricks to make a pucca passage to reach Dargah. The petitioner has been looking after the land in dispute and monuments for the last four generations. He and his ancestors have been living in Village Shahpur. Earlier entries in khasra girdwari since the year 1951 up to the year 1984 remained in the name of family of the petitioner. Initially Punjab Wakf Board and, thereafter, Haryana Wakf Board leased out the land in dispute to other persons. The present suit has been filed by the plaintiff for a decree for declaration to the effect that land in dispute measuring 46 kanal 13 marlas belongs to Patti Sadiq Ali and is being used as kabristan and that the lease deeds executed by respondent No. 1 in favour of respondents No. 2 to 5 are illegal, null and void and not binding on the rights of the petitioner. It has further been prayed that respondents No. 2 to 5 be restrained from changing the nature of the suit land with religious place and graveyard to that of agricultural land.
(3.) THE respondents have filed their written statement, wherein the contentions raised by the petitioner have been disputed. On the basis of the pleadings, issues were framed, which read as follows : "1. Whether the land in dispute belonging to Patti Sadiq Ali is kabristan and is ancient Teela Majar Dargah and the same is being maintained, managed and controlled by the plaintiff and Islamic community has a right to worship and to perform religious rights and to use it as a graveyard ? OPP 2. Whether defendant No. 1 has no right to lease out the suit property to defendants No. 2 to 5 or to other persons and to change the user of the land for agricultural purposes and the lease deeds executed by defendant No. 1 in favour of defendants No. 2 to 4 dated 21.10.1986 and in favour of defendant No. 5 dated 07.06.2003 are illegal, null and void and not binding on the rights of the plaintiff ? OPP 3. Whether defendant No. 1 is liable to frame scheme for proper control, safety, security and maintenance of the suit property and for protection of Dargah graveyard and Majar. OPP 4. Whether the suit is time barred/OPR 5. Relief." ;