PUNJAB WAKF BOARD, AMBALA CANTT Vs. JIWA SINGH

JUDGEMENT

(1.) This is plaintiff's Second Appeal against the judgment of the Courts below by which suit for possession has been dismissed.

(2.) The plaintiff filed suit for possession claiming the suit property to be Wakf Board property which was in illegal possession of the defendants. The defendants put in appearance and denied that the property in dispute was a Wakf property. It was further stated that property in dispute was not a plot but was a building having different boundaries than those given in the heading of the plaint. It was also maintained that the property in dispute was evacuee property and the Central Government vide Conveyance Deed dated 28th March, 1968 sold the same to Jiwa Singh, defendant No. 1 who in turn sold the same to Shrimati Darshana Devi, defendant No. 2 on 8th January, 1970, as per registered sale deed. Besides, objection was taken with regard to the jurisdiction of the Civil Court to decide the matter.

(3.) On the pleadings of the parties, the following issues were framed;