TARA SINGH Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) UNSUCCESSFUL plaintiff-Tara Singh has filed the present appeal which has been directed against the judgement and decree dated 19.11.1999 passed by the Court of Additional District and Sessions Judge, Patiala who confirmed the judgement dated 12.2.1997 passed by the Civil Judge, Junior Division, Rajpura, dismissing the suit of plaintiff for permanent injunction as prayed for. The case set up by the plaintiff before the trial Court was that the property in dispute bearing Khasra No. 1018 was the property of Punjab Wakf Board-defendant No. 3 in the year 1979 and since then he is in actual physical possession as a tenant under the Board and is paying rent to the Board against proper receipts and that the Municipal Committee- defendant No. 2 illegally wanted to disturb the possession. The suit was contested by the Committee-defendant No. 1 on the ground that the property in dispute is its property and it never vested with the Punjab Wakf Board and as such any lease, allegedly executed by defendant No. 3 in favour of the plaintiff, has no meaning absolutely. With above controversies raised by the parties, the following issues were framed by the trial Court :-

(2.) THE learned Senior Advocate appearing for the appellant invites my attention to the notification dated 29.5.1971 and submits that as per this notification Khasra No. 1018 was previously a grave-yand and had vested in the Punjab Wakf Board and as such the Punjab Wakf Board was the owner of the property and it leased out the plaintiff who is in possession of the property. It was also argued by the learned counsel for the appellant that since 1979 the plaintiff is paying the rent regularly to the Punjab Wakf Board, which is through a receipt in favour of thee plaintiff in proof of the possession and since the plaintiff has established possession as tenant under the Board, therefore, his possession should not be disturbed by the Committee.