' SAAD SAOOD JAN, J.--The petitioners are grave-diggers. They occupied a portion of Khasra No,1255 in village Taraf Ismail, Multan. By a notification issued under section 93(2) of the Municipal Corporation Ordinance, the Commissioner, Multan Division, declared the said Khasra as a graveyard and vested its maintenance and administration in the Municipal Committee, Multan. On 16-4-1978, the petitioners filed a suit for a permanent injunction to restrain the Municipal Corporation, Multan, from ejecting them from the portions in their possession. The suit was dismissed by the trial Court and the petitioners' appeal before the Additional District Judge and revision petition before the High Court failed. They now seek leave to appeal from this Court.
2. The earliest jamabandi which has been placed on the record relates to the year 1951-52. In this jamabandi the area of the Khasra has been recorded as 71 kanals and 14 marlas. Out of this, 69 kanals and 9 marlas has been shown as graveyard and the remaining area as ghair mumkin abadi. The case of the petitioners is that their houses are located in that part of the khasra which has been recorded as ghair mumkin abadi.
3. In support of this petition, it is contended that the decision of the High Court as well as the subordinate Courts that the whole of the khasra was a graveyard is against the entries in the Revenue record; that the petitioners have remained in possession of that part of the khasra which is shown as ghair mumkin abadi for more than 80/85 years, have constructed their houses thereon and are owners thereof.
4. After hearing the learned counsel, we find no merits in this contention.According to jamabandi for the year 1951-52, the whole khasra is part of the shamilat-e-deh. The existence of the houses of the grave-diggers on a part of the khasra is not unnatural. There is no evidence on the record that they had been permitted to occupy a part of the graveyard in a capacity other than as licensee to perform their function as grave-digger. We would therefore dismiss this petition.