LAWS(P&H)-2010-2-201

PUNJAB WAKF BOARD AMBALA CANTT. Vs. MOHINDER SINGH

Decided On February 26, 2010
Punjab Wakf Board Ambala Cantt. Appellant
V/S
MOHINDER SINGH Respondents

JUDGEMENT

(1.) This is revision petition under Article 227 of the Constitution of India read with Section 83(9) of the Wakf Act, 1995 impugning judgment and decree dated 13.5.2008 passed by Wakf Tribunal, Faridkot.

(2.) Appellant Punjab Wakf Board filed suit for possession by ejectment of defendants from suit land measuring 25 kanals 13 marlas and for recovery of Rs 6 lacs for illegal use and occupation of the suit land. Plaintiff's case is that the plaintiff is owner of the suit land. The plaintiff leased out 20 kanals out of it to defendants in the year 1983-84 on rent of Rs 510/- for one year whereas remaining 5 kanals 13 marlas land which was reserved for burial purposes has been cultivated by the defendants unauthorisedly. After expiry of lease period of one year, lease was never extended nor the defendants paid any rent to the plaintiff. The defendants possession thus became unauthorised.

(3.) Defendant Nos. 1 and 2 in their written statement, interalia, pleaded that they had taken the entire suit land on lease from the plaintiff- appellant in the year 1978-79 and not in the year 1983-84. It was denied that part of the suit land was reserved for burial purposes. Since plaintiff shifted its office from Faridkot to some other place without intimating the defendants, the patta or lease could not be renewed. The defendants pleaded that they have become owners of the suit land by adverse possession for which they had also filed a separate suit against Gram Panchayat etc. The plaintiff never demanded lease money from the defendants.