Karnataka Bank Ltd. VS. State Of A.P. & Ors.

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Karnataka Bank Ltd. VS. State Of A.P. & Ors.

The Judgement Information System REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 3643 OF 2008

[Arising out of SLP (Civil) No. 20565 of 2006]

Faqruddin (Dead) Through L.Rs.

Versus Tajuddin (Dead) through L.Rs.

JUDGMENT

S.B. SINHA, J : 1. Leave granted.

2. Defendants-Appellants are before us, aggrieved by and dissatisfied with a judgment and order dated 3.11.2006 passed by a learned Single Judge of the High Court of Judicature of Rajasthan in S.B. Civil First Appeal No. 144 of 1981 allowing the appeal of the respondent from a judgment and order dated 31.01.1981 passed by the Additional District Judge, No. 1, Jaipur City in Civil Suit No. 67 of 1977, whereby and whereunder a suit filed by the respondent herein for declaration of his title, permanent injunction and possession was dismissed.

2 3. At the outset, we may notice the genealogical tree of the parties, which is as under: Maulana Ziauddin Sahib 4. One Hajrat Ziauddin Sahib (1730-1810) was a great Sufi Saint. He Gulam Rasool Sahib belonged to Sunni Sect of Islam.Imamuddin Sahib of his spiritual attainments, 7 Syed In view bighas of land at Moti Katla, Jaipur was given to him by the then Ruler Syed Mahiuddin Sahib Syed Kamaluddin Syed Sarfuddin Sahib Sahib of the State of Jaipur for the purpose of maintenance of a garden. He, Moinuddin Badruddin Faridduin however, acquired lands out of his own funds. It comprised of Khasra Nos. 497 to 503 admeasuring 8 bighas 2 biswas. Indisputably, on the Syed Aminuddin Syed Saiduddin Syed Fakruddin said land, there are prayer rooms, Dargah, Mosque, garden, graveyard, Syed Tajuddin Mahemuda Syed Gulam Begum Ziauddin shops, houses, lodge, etc. On the demise of Hajrat Ziauddin Sahib, in the Syed 1810, which took place Moinuddin yearSyed Zenuel his Syed Agigudia(tomb) was treated as a Abedin Mazar Syed Allauddin Syed Rahisnddi sacred place. It attained the status of a Dargah. One Gulam Rasul Sahib was the first Sajjadanashin and Mutawalli of t...

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