M/S RAM MURTI Vs. PUNJAB WAKF BOARD

JUDGEMENT

(1.) This is defendants' regular second appeal against the judgment and decree dated 16.4.2002 passed by the learned lower appellate court, vide which the suit for possession filed by the plaintiff/respondent stands decreed.

(2.) The plaintiff Wakf Board filed a suit for possession on the pleadings that the plaintiff was a body corporate and Mohammed Sadiqui being Estate Officer/Principal Officer and being duly authorized to file and verify the pleadings, was competent to file the present suit.

(3.) The Wakf Board claimed to be owner in possession of the suit property shown in the site plan, as also of superstructure constructed over the suit property. Father of defendant No. 2, Ram Murti son of Amin Chand was a licensee in possession of the suit land measuring 450 square yards. After the expiry of licence, defendant No. 2 applied for lease of plot in the name of M/s Ram Murti & Sons. The application was accepted and he was given the property on lease w.e.f. 1.1.1978 at the rate of Rs. 100/- (Rupees one hundred only) per month Lessee constructed seven shops, and sublet the major portion in unauthorized manner, to defendants No. 3 to 9 without permission from the Board.