Punjab Wakf Board vs Chhailu

D. S. Tewatia, J.

These three appeals, namely, R.S.A. Nos. 351 of 1978, 1091 and 1092 of 1977 involve common question of law and facts, so far as the material facts are concerned and, therefore, a common judgment is proposed.

The suit was filed by the appellant, Punjab Wakf Board, claiming the possession of the property on the ground that the property in dispute was a Kabrastan and vested in the plaintiff Wakf Board. The Wakf Board produced Jamabandis Exhibits P. 7 to P. 9 showing the area in dispute as Ghair Mumkin Kabrasthan.

A Single Bench judgment of this Court in Panchayat Deh through Sarpanch and Gram Sabha, Garhi Brahman v. Punjab Wakf Board, Ambala, AIR 1969 P&H 344, held that the entry in the Jamabandi of the kind would be of no help if the user of the land in dispute as Kabrastan had not been established. Regarding the user it was held by both the Courts below that the Wakf Board had failed to prove the user of the land as Kabrastan after the year 1947. Following the ratio of the aforesaid judgment the trial Court dismissed the suit. The appeal filed by the plaintiff also failed.

In view of the following observation of their Lordships in Syed Mohd. Salie Labbai (Dead) by LRs and others v. Mohd. Hanifa (Dead) by LRs. and others, AIR 1976 Supreme Court 1569, the circumstance of nonuser of the burial ground would not defeat the claim of the Wakf Board to the possession of a graveyard. ``It is also well settled that a conclusive proof of the public graveyard is the description of the burial ground in the revenue records as a public graveyard.''''

Hence in view of the aforesaid pronouncement of their Lordships, it has to be held that the Courts below had erred in not treating the Jamabandi entries as conclusive proof of the fact that the land in dispute was a public grave yard.

For the reasons aforementioned, the appeals are allowed and the judgments and decrees of the Courts below are set aside and the suit is decreed. No order as to costs.