LAWS(P&H)-1992-5-43

PUNJAB WAKF BOARD Vs. STATE OF PUNJAB

Decided On May 06, 1992
PUNJAB WAKF BOARD Appellant
V/S
STATE OF PUNJAB THROUGH ITS SECRETARY ELECTRICITY DEPARTMENT Respondents

JUDGEMENT

(1.) BRIEFLY stated the Punjab Wakf Board (hereinafter referred to as 'the Board') filed a suit for possession in respect of land fully detailed in the heading of the plaint claiming to be its owner being a graveyard from the time immemorial. The plaintiff further averred that the defendants without any right or authority have constructed a building over the said property sometime in the year 1951-52 and so their possession is that of the trespasser who, thus, in law, are bound to surrender its possession to the Board-its true owner.

(2.) STATE of Punjab put in appearance, filed written statement and controverted the various averments made in the plaint.

(3.) PUNJAB State Electricity Board too contested this suit and denied all the material averments of the plaintiff-board and claimed themselves to be owner of the suit property. Besides these, Punjab State Electricity Board raised objections with regard to the plaint having not been signed and verified by a duly authorised person, the suit having not been properly instituted, that the suit is bad for misjoinder of parties etc. . . . . . . . . . . . . . . . . . .