MALOOK SINGH Vs. HAREYANA WAKF BOARD AMBALA CANTT

JUDGEMENT

(1.) DEFENDANT -Petitioner has filed this revision petition under Section 89(3) of the Wakf. Act 1995 against the judgment and decree dated 27.10.2009 passed by the learned Wakf Tribunal whereby the suit filed by the Respondent -Haryana Wakf Board for possession by way of ejectment of Defendant -Petitioner and recovery of mesne profits has been decreed entitling the Plaintiff -Respondent to receive the pendente lite mesne profits for use and occupation from 1.7.2006 to 30.6.2009, which comes to Rs. 37,059/ - at the rate of Rs. 635/ - per kanal per year besides the future mesne profits at the same rate.

(2.) DURING the pendency of the present petition, Petitioner expired on 15.2.2010 and his legal representatives were directed to be impleaded as party vide order dated 17.3.2010 passed by this Court.

(3.) IT is not in dispute between the parties that Hon'ble the Supreme Court in its judgment titled as Ramesh Gobindram (dead) through L.Rs. v. Sugra Humayun Mirza Wakf passed in Civil Appeal No. 1182 of 2006, has held that the Wakf Tribunal did not have the jurisdiction in respect of subject matter of the present suit.