RANJIT SINGH Vs. PUNJAB WAKF BOARD

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 15.10.2009 passed by learned Presiding Officer, Wakf Tribunal, Amritsar, decreeing suit for possession filed by respondent-Punjab Wakf Board.

(2.) Facts giving rise to the present revision petition are as under:-

(3.) Respondent-Punjab Wakf Board filed a suit for possession of property in dispute duly described in the heading of the plaint, as per jamabandi for year 2001-2002 situated at Village Kotla Sultan Singh, Tehsil Amritsar-I, District Amritsar, on the plea that respondent-plaintiff is owner of the same. It is further contended that the said land was leased out to Shri Hari Singh son of Mian Singh upto 1984 and that the said lease period has already expired and the lease was not extended later on. Hari Singh has since expired and after his death petitioner-defendant is in unauthorized possession of the said land and that his possession is only that of trespasser. Official of respondent-plaintiff made several requests to petitioner defendant to vacate the land in dispute and hand over the possession to respondent-plaintiff but to no effect. Hence, petitioner-defendant was also liable to pay mesne profits for unauthorised use of occupation of the land in dispute @ Rs. 1,000/- per kanal per year for the period from 1985 onwards till the delivery of possession. Hence,' the suit for decree for possession alongwith mesne profits for unauthorised use of occupation of the land in dispute.