PUNJAB WAKF BOARD Vs. BRIJ MOHAN

JUDGEMENT

(1.) Learned Counsel for the Plaintiff-Petitioner states that in view of the judgment of the Apex Court in the matter of Ramesh Gobindram (dead) through L.Rs. v. Surga Humayun Mirza Wakf in Civil Appeal No. 1182 of 2006, decided on 01.09.2010, eviction petition against the tenant by the Wakf Board is not maintainable before the Wakf Tribunal, hence, Plaintiff-Petitioner be permitted to withdraw the main eviction petition with liberty to file it afresh before the competent Civil Court.

(2.) Plaintiff-Petitioner is permitted to withdraw the original eviction petition with liberty to file it afresh before the competent Civil Court. In the event of filing the suit before the Civil Court, Civil Court shall decide it at its own merit in according with law, without being prejudice from the observation made in the impugned order, since impugned order is without jurisdiction.

(3.) Present petition is disposed of accordingly.