PUNJAB WAQF BOARD AMBALA Vs. PANCHAYAT DEH

JUDGEMENT

(1.) NINE Appeals under Clause 10 of the Letters Patent being L. P. A. Nos. 336, 356 to 362 and 364 of 1969 have been filed against the judgment dated 28-1-1969 of our learned brother, Tuli, J. My Lord had accepted 9 connected second appeals to set aside the judgments and decrees granted in favour of the plaintiff-appellant, Punjab Waqf Board, by the Court of first appeal, who had in turn set aside the judgments and decrees of the trial Court dismissing 9 suits for possession of land filed by the plaintiff-appellant. The proceedings in all these connected cases had been consolidated in these three Courts as the questions of law and fact involved were almost the same. We find it possible for the same reasons, to dispose of these 9 appeals by one judgment.

(2.) A piece of land which is a part of the current Khasra No. 247, corresponding to Khasra No. 198 of the earlier settlement, is shown in the Revenue records of village Garhi Brahmanan, Tehsil Sonepat, District Rohtak, as uncultivable or barren grave yard (Ghairmumkin Kabarstan ). The area of this graveyard was given as 3 Bighas 4 Biswas in these records from 1909-10 to 1945-46 vide copies of Jamabandis, Exhibits P. 19 and D. 1, but in the Jamabandis of 1957-58, copy Exhibit D. 2, the area of the graveyard is shown as 5 Bighas 7 Biswas. The entries before the partition of the country in 1947 show that this land was a part of the Shamlat Deh and that the proprietors had shares in this Shamlat in proportion to the areas of their respective holdings (Shamlat Deh Hasab Rasad Rakba Khewat ). This is the entry in the column of ownership. In the column of cultivation the Kunjra community residents of the nearby town of Sonepat, are shown to be in possession as tenants-at-will. This entry continued upto the time of the partition of the country in 1947. Thereafter the Jamabandi for the year 1957-58 shows the Panchayat Deh to be the owner of the land while the possession is described to be of the Muslim Community (Ahle-Islam ). In the Jamabandi for 1961-62, copy Exhibit D. 3, another tract of land comprising of Khasra No. 169/1 and having an area of 6 Bighas 12 Biswas is similarly described as Ghair-mumkin Kabarstan besides the area of 5 Bighas 7 Biswas forming part of Khasra No. 247.

(3.) THE plaintiff Board filed these 9 suits for possession of separate pieces of land shown in plans. Exhibits P. 1 to P. 9 and P. W 1/1, in February 1964. The person who was described to be in illegal possession of each piece of land was impleaded as defendant No. 1 in the suit for possession of that separate piece forming part of Khasra No. 247. Panchayat Deh was impleaded as respondent No. 2 in all these cases. It was alleged that Khasra No. 247 being a Ghair-mumkin Kabarstan was Waqf property and that the plaintiff Board was vested with general superintendence and control over all waqfs in the State and was in possession until it had been illegally disposed in August 1963. The Panchayat Deh came forward to contest all these suits but the persons who had been impleaded as Defendant No. 1 in each case did not care to put in appearance. It has appeared in evidence that the Gram Panchayat has obtained eviction decrees against all these persons and they would naturally be interested in a decision of the case which has the effect of depriving the Gram Panchayat of the right to execute, temporarily or permanently, these decrees. The plaintiff Board not being a party may not be in a position to take advantage of these decrees.