LAWS(P&H)-2020-9-136

SATISH KUMAR ARYA Vs. HARYANA WAKF BOARD

Decided On September 30, 2020
Satish Kumar Arya Appellant
V/S
Haryana Wakf Board Respondents

JUDGEMENT

(1.) The petitioner is the plaintiff in CS/1220/2019 on the file of the learned Civil Judge (Junior Division), Faridabad. He filed the said suit against the Haryana Wakf Board (for short, 'the Board'), the first respondent herein, for a permanent injunction restraining it from interfering with his peaceful possession over the suit property and from leasing/transferring the said suit property to anyone in any manner whatsoever. He also sought a mandatory injunction to the Board to cancel the lease deed, if executed in favour of anyone in respect of the suit property, and to direct it to renew his lease for a further period and to accept the requisite lease fee/payment from him.

(2.) The petitioner/plaintiff filed an interlocutory application in the suit seeking an interim injunction restraining the Board from interfering with his peaceful possession over the suit property and to restrain it from leasing/transferring the physical possession thereof to anyone in any manner whatsoever.

(3.) The suit property is a plot admeasuring 1000 sq. yards, forming part of Khasra No.49/16, 25, 15/2 and 62/5/1 situated within the revenue estate of Village Gaunchhi, Sub-Tehsil Gaunchhi, District Faridabad. This plot admittedly belongs to the Board and was leased out to the petitioner-plaintiff in the year 2004. It is in relation to this leased plot that the petitioner-plaintiff sought the aforestated main reliefs and interim reliefs before the trial Court.