PUNJAB WAKF BOARD Vs. CHANDER BHAN

JUDGEMENT

(1.) Punjab Wakf Board (hereinafter referred to as "the Board") - appellant, filed a suit for possession of the site in dispute situated in Hissar on the allegation that it was part khasra No. 3034 and the said khasra was a wakf property, being a graveyard. It was also averred that after partition of the country, the graveyard could not be properly managed. The defendant took possession of the site in dispute and constructed a Jhugi on it. This graveyard vested in the appellant-Board. The suit was filed by one Mohamad Iqbal Yunis on behalf of the Board.

(2.) The defendant contested the suit. According to him, his house existed on the site in dispute for the last more than 30 years and the site on which the house was standing was never part of any graveyard. The suit was not filed by an authorised person nor was it within time. It was also alleged that the graveyard was at a place known as Dana Shahr.

(3.) Feeling aggrieved, the Board filed appeal which was heard by the Senior Judge (exercising enhanced appellate powers), Hissar. He confirmed findings of the learned trial Court in the various issues and dismissed the appeal. Hence this second appeal.