PUNJAB WAKF BOARD, CHANDIGARH Vs. GURDEV RAJ

JUDGEMENT

(1.) The suit filed by the plaintiff-Punjab Wakf Board, Chandigarh for delivery of possession as well as for permanent injunction was dismissed by the Wakf Tribunal (for short 'the Tribunal') on the ground that the suit filed before Wakf Tribunal is not maintainable.

(2.) The suit was filed by the plaintiff-Punjab Wakf Board, Chandigarh claiming that it was the owner of the suit land which was leased out to one Jiwan Mal upto the year 1986-87. After the death of Jiwan Mal, defendant Gurdev Raj did not become the lessee under the plaintiff-Board, but he has been in unauthorized occupation of the suit property. Therefore, delivery of possession and also permanent injunction was sought for by the plaintiff-Board.

(3.) The defendant resisted the suit on the ground that the suit itself was not maintainable. It has also been contended that the father of defendant by the name of Jiwan Mal took the suit land on lease for 99 years. On the death of Jiwan Mal in 1994-95, the defendant inherited his estate being the heir of deceased Jiwan Mal.