PUNJAB WAKF BOARD Vs. NAGAR PANCHAYAT SHAHKOT

JUDGEMENT

(1.) Plaintiff Punjab Wakf Board has filed the instant revision petition under Section 83(9) of the Wakf Act, 1995 read with Article 227 of the Constitution of India impugning judgment dated 01.12.2008 passed by learned Additional District Judge-cum-Wakf Tribunal, Jalandhar in Civil Suit No. 14 of 2002, instituted by Petitioner against Respondent Nagar Panchayat, Shahkot, thereby dismissing the Plaintiff's suit.

(2.) The Plaintiff-Petitioner alleged that the suit property was previously owned by Panchayat Deh and was in possession of Ahle Islam. Government of India, vide notification dated 06.02.1971, transferred the suit land to Punjab Wakf Board i.e. Plaintiff and thus, the suit land was transferred from Panchayat Deh to Wakf Board. However, there was clerical error in the notification mentioning khasra number of the suit land as '14' instead of khasra No. 13. However, the said error was corrected vide subsequent notification dated 26.02.1994. The Plaintiff thus claimed to be owner in possession of the suit land measuring 11 kanals 14 marlas comprising of khasra No. 13 and sought declaration to this effect. The Plaintiff also sought permanent injunction restraining the Defendant from alienating the suit property and from interfering in Plaintiff's peaceful possession thereon through its Pattedar (lessee).

(3.) The Defendant Nagar Panchayat repudiated the claim of the Plaintiff and pleaded that Defendant is owner in possession of the suit property. The Defendant's possession was through its tenant Rajinder Lal. On eviction petition filed by the Plaintiff, Rajinder Lal was ordered to be ejected from the suit land. However, one Mohan Lal came forward and claimed to be tenant over the suit land under the Plaintiff-Petitioner. Ownership of the Plaintiff over the suit land was controverted.