MOHINDER SINGH Vs. PUNJAB WAKF BOARD

JUDGEMENT

(1.) This petition assails the order dated 16.12.2009, vide which the suit filed by the Punjab Wakf Board-respondent No. 1 has been decreed. Learned counsel for the petitioner has urged that the petitioner is not the owner of land bearing Khasra No. 37/1 over which Khabba is situated. However, he is concerned with his own house which is not part of Khasra No. 37/1 (3-2). He wants to protect his possession over the said house.

(2.) The specific case of the petitioner is that the respondent-Board is not owner in possession of the property in dispute i.e. Khasra No. 37/1 (3-2) and he is in possession of the same and the site in dispute is common land of village Jhamerhi and there is a dargah of Baba Guli Shah situated over the suit property. The residents of village and others used to pay homage at this place. The plaintiff-Board is not the owner of this dargah as the same is being managed by the members of the village jointly since 2008.

(3.) Heard.