GAJJAN SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The petitioner claims that he is in actual and physical cultivating possession of the land in dispute and had sown wheat crop at the time when he filed this writ petition before this Court in the year 2006. The petitioner relies on jamabandi for the year 1998-99, showing that he alongwith his brother were shown in cultivating possession as Gair Marusian on the land in dispute, ownership of which is shown as Arazi Matruka Billa Allot Shuda (Annexure P-1). Similar entries are contained in Jamabandi for the year 1993-94 in the column of ownership and cultivation. Strange it may sound but the petitioner has averred that respondent No. 4-Wakf Board approached the petitioner and represented that it is owner of the land in question. As per the petitioner, the Board compelled him to pay lease money and on this false representation by the respondent Board, the petitioner started paying lease money to the Wakf Board.

(2.) The petitioner claims to have made this land fit for cultivating by putting hard labour. Subsequently, the Rehabilitation Department approached the petitioner, representing that the land is owned by the said Department and it also compelled the petitioner to pay rent to it. Forced by these circumstances, the petitioner filed a civil suit, where injunction was granted on 27.9.2002 in favour of the petitioner and against the State of Punjab and others. The civil suit filed against the Wakf Board, however, was referred to Wakf Tribunal and on technical grounds, this suit was dismissed. These facts are apparently referred in guarded manner and correct picture is mentioned in the reply filed by the Board.

(3.) The petitioner later has filed another suit against one Gurbinder Singh, who was illegally granted some rights by Wakf Board. On 28.10.2002, status-quo order was passed against Gurbinder Singh. It is alleged that Respondent No. 4 with malafide intention filed a false application for eviction of the petitioner in the Court of respondent No. 3 on 1.7.1999. Said petition was accepted on 7.8.2000 and the eviction of the petitioner was upheld. He was directed to hand over the possession of the land in dispute to Wakf Board.