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5.5 In regards to the facts of the case, learned advocate Mr. MTM Hakim would submit that the suit land is admittedly the tomb of late Qutb-ud-din, it is known as Bada Hajira. Late Qutb-ud-din had several disciples. The tomb is known as 'Khanka-ae-Qadariya' and plaintiff being the Dharma Guru of the NEUTRAL CITATION C/SA/27/2006 JUDGMENT DATED: 11/02/2026 undefined Qadariyas, the tomb belongs to them and plaintiff since inherited the family of late Khanka-ae-Qadariya, plaintiff and his family has right to be buried in the surrounding area of tomb of Qutb- ud-din, namely Bada Hajira, claiming that it is the customary right of the plaintiff. Therefore, even if the Bada Hajira, the tomb of Qutubuddin be declared as a 'protected monument' within the provision of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958 (hereinafter referred to as the 'Act of 1958'), Section 5(6) as well as Section 16 of 'the Act of 1958' recognizes the customary right and does not prevent to perform customary religious observance in the said protected monument.