Law: Specific Relief Act, 1877

Section: 54

(a) Specific Relief Act (I of 1877)--- ----S. 54---Suit for permanent injunction---Suit property being Shamilat deh was reserved for mosque so that its Imam could earn livelihood from the usufructs of the said property---Defendant being Imam was removed from the mosque and another Imam was appointed---Plaintiff filed suit that defendant (Imam) was bent upon to construct house over the suit property---Suit was decreed concurrently---Validity---Suit property was in permissive possession of defendant and prior to him it was in the possession of his father because of his services as being Imam of the mosque---Land in question had been allocated by the village proprietary body for Imam of the mosque in lieu of his services as Imamat---Defendant having been removed from the office of Imam Masjid, he had no right over the suit property---Courts below had rightly decreed the suit---Revision was dismissed in circumstances. (b) Words and phrases--- ----'Seri' and "Srikhor"---Cannotation. Word Seri has neither been defined in the Land Revenue Act 1967 nor in any other legal instrument. It is used customary in relation to Land/ Property which has been reserved by the village proprietary body from their common property for Imam of a mosque or any other religious purpose or for any other person or class of persons (blacksmith or carpenter etc) in lieu of his/their service to the village proprietary body. Term Seri cannot be given any definite and uniform meaning. The rights and obligations of the person or class of persons in possession of the property as Serikhor over the property (Seri) shall be determined keeping in view the relevant entries in revenue record, wajibularz or any other instrument or other evidence establishing the customs relating to the assignment of the Seri/property. Hence the terms and nature of holding of the said property/Seri in lieu of services or Imamat discerns from the customs which are normally incorporated in the Wajib ul Arz of the village and the Revenue documents or other acceptable treatise or documents from which undisputedly the nature and character of the assignment of Seri to the person or class of persons can be traced. This kind of…

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