S.K.KESHOTE, J. - (1.) THIS revision petition under Section 83 of the Wakf Act, 1995 read with Section 115 C.P.C. is directed against the order dated 18.7.2000 of the Rajasthan Wakf Tribunal, Jaipur in Case No. 29/2000 under which the temporary injunction was granted in favour of the plaintiff non -petitioner.
(2.) THE plaintiff non -petitioner instituted a suit before the Tribunal along with an application for temporary injunction alleging that in Sub -town Bayana Distt. Bharatpur land falling in Khasra No. 1217 is graveyard measuring 29 Bighas 11 biswas. It is averred that the land in dispute was shown/entered as Aheale Islam between Samvat 2002 to 2005 (1945 to 1948). A grievance has been made that the defendant petitioners have encroached upon the graveyard and have started construction. It is stated that the defendant petitioners have no right to enter upon and construct on the disputed graveyard. The defendant petitioners submitted the written statement as well as reply to the application filed by the plaintiff non -petitioner for grant of temporary injunction. The documents have also been produced on record. It is pleaded that in the oldest entry as is available of way back in Samvat (1955) year 1898) the land of Khasra No. 1217 was entered in the name of Pema Singh. Thereafter it was entered in the name of one Ganeshi Lal. Later on upon allotment in the year 1962 the land has been entered in the name of Panchayat Samiti, Bayana. It is also pointed out that earlier Tamari Wakf Committee, Bayana moved a Writ Petition No. 6650/91 before this court which was dismissed on 11.7.1995 observing that there being dispute of title between the parties, remedy under Article 226 of the Constitution is not appropriate. It is pleaded that for want of the title the plaintiff non -petitioners have no locus standi to institute the suit. The plaintiff Wakf Board was also party to that petition. Apart from these pleadings the conduct of the plaintiff non -petitioners of concealing material facts about possession of Panchayat Samiti on the land for last 40 years was also highighted. Specific objection about maintainability of suit for want of notice under Section 109 of the Rajasthan Panchayat Raj Act was also raised. Under the order dated 18.7.2000 the application filed by the plaintiff non -petitioners to grant temporary injunction was allowed and a temporary injunction as prayed for therein has been granted. Hence this revision petition. Learned Counsel for the defendant petitioners raised many fold contentions challenging the order of the Tribunal. He has also cited following decisions in support of his contentions. 1. Mewa Ram v. The State of Raj. and Ors. RLW 1998 (1) Raj. 555. 2. Deep Darshan Grah Nirman Sahkari Samiti Ltd. v. U.I.T. and Ors. 3. Sikar Central Co -operative Bank Ltd. v. Ram Raichhpal Jat 1999 (1) WLC 84. 4. Municipal Corporation Murwara -Katni v. Lalchand Jaiswal 2000 (2) MPLJ 288 5. Bhurji and Anr. v. Urban Improvement Trust, Alwar; Anr. 1996 (3) WLC (Raj.) 155. 6. Chief General Manager State Bank of India and Ors. v. Shri Brij Mohan Shukla 2000 (2) WLC (Raj.) 347. 7. Ladhu Singh v. State of Raj. and Ors. RLR 2000 (2) 140. 8. Sujan Singh v. R R.R.T.C. and Ors. RLR 1997 (2) 159. 9. Mathew Phillips v. P.O. Koshy AIR 1966 Mysore 74. 10. T.A. George and Anr. v. D.D.A. and Ors. : AIR1995Delhi131 . 11. Anant Shri Sukhramji Trust and Anr. v. Union of India and Ors. . 12. Radhakishan and Anr. v. State of Rajasthan and Ors. . 13. The Board of Muslim Wakfs for Rqjasthan, Jaipur v. Bhanwar Chand and Ors. 1980 WLN 344. 14. Punjab Wakf Board Ambala and Anr. v. Gram Sabha, Basoli and Anr. . 15. Pooran Singh v. Rqjasthan Board of Muslim Wakf, Jaipur - S.B. Civil II Appeal No. 244/94 decided on 4.3.1997. 16. The Madras State Wakf Board, Madras v. Khazi Mohideen Sheriff : AIR1974Mad225 . 17. Mysore State Board of Wakfs v. K.S. Lakshmaiah Setty AIR 1974 Karnataka 28. 18. Punjab Wakf Board v. Gram Panchayat @ Gram Sabha 2000 WLC(SC)51. 19. K. Raushan Din and Ors. v. H. Mohd. Sharif AIR 1936 Lahore 87. 20. Zafar Hussain v. Main Mohammad Ghias -ud -Din and Anr. AIR 1937 Lahore 552. 21. Mohammad Ali v. Dinesh Chandra Roy Choudhary and Ors. AIR 1940 Calcutta 417. 22. The Karnataka Wakf Board v. State of Karnataka and Ors. : AIR1996Kant55 . Learned Counsel for the plaintiff non -petitioners supported the order of the learned Wakf Tribunal.
(3.) AS this revision petition deserves to be succeed only on one point, I do not consider it necessary to refer, digest and decide all these contentions.;