ADESH SAINI Vs. HARYANA WAKF BOARD

JUDGEMENT

(1.) Petition under Section 83(2) of the Wakf Act, 1985 (in short, the Act) filed by Haryana Wakf Board (Respondent herein) against Adesh Saini Petitioner herein has been allowed by learned Additional District Judge, Yamuna Nagar at Jagadhri (apparently as Wakf Tribunal under the Act) vide impugned judgment and decree dated 8.10.2009 granting relief of vacant possession of the suit property with arrears of rent and mesne profits. Instant revision petition has been preferred against the said judgment and decree under Article 227 of the Constitution of India.

(2.) Learned Counsel for both the parties state that in view of ratio of law laid down by Hon'ble Supreme Court in the case of Ramesh Gobindram (Dead) Through Lrs v. Sugra Humayun Mirza Wakf,2010 2 RCR 266, Wakf Tribunal has no jurisdiction to Civil Revision No. 7689 of 2009 -2 try the petition/suit in question. There is force in the submission. It has been authoritatively laid down by Supreme Court in the case of Ramesh Gobindram (supra) that the Wakf Tribunal has no jurisdiction to try suit for possession of the Wakf property.

(3.) In view of the aforesaid, the instant revision petition is allowed and impugned judgment and decree dated 8.10.2009 passed by learned Additional District Judge (as Wakf Tribunal) are set aside and petition/plaint is ordered to be returned to the Respondent/Plaintiff for presentation in court of competent jurisdiction. Respondent/Plaintiff is directed to appear before the Wakf Tribunal on 14.12.2010 to receive back the plaint.