JAGIR CHAND Vs. PUNJAB WAKF BOARD

JUDGEMENT

(1.) The background of the litigation in the instant civil revision by petitioner Jagir Chand and his brother Baljinder Singh both sons of Banarsi Dass (deceased) who have come up in this civil revision challenging the judgment and decree dtd. 3/1/2007 passed by the learned Tribunal under the Wakf Act where in a suit for permanent injunction filed by the then plaintiffs of whom the present petitioners are one of the parties.In this suit a decree for permanent injunction was sought against Punjab Wakf Board restraining the defendants-Punjab Wakf Board and its officers from dispossessing the plaintiff forcibly and illegally from the land measuring 67 Kanals 17 Marias.

(2.) The claim of the plaintiffs is that they are in cultivating possession of the land as tenants at the rate of Rs.350.00 per annum and forced over the threatened illegal act of the respondents in dispossessing them had led to the filing of the present suit.

(3.) The defendants in their stand taken in the written reply reiterated the fact that the Punjab Wakf Board was the owner of the land in question which was leased out with the plaintiff Banarasi Dass on annual lease amount of Rs.12,000.00and thereafter his death, his legal heirs failed to get lease renewed or pay the lease amount and, thus, were deemed to be in illegal possession of 67 Kanals and 13 Marias of land (in fact they were leased out only 51 Kanals and 15 Marias).A counter claim was made by way of suit for possession of the land in question.