DEV RAJ Vs. TEJA SINGH

JUDGEMENT

(1.) PLAINTIFF -appellants filed a suit for permanent injunction on the ground that Khasra No. 134 is a taur which is in their possession since 1950 and using the same for tethering cattle and for storing manure of cow- dung and fodder for the cattle and, therefore, the defendants have no right to interfere.

(2.) INITIALLY , the suit was decreed by the trial Court on 13.11.1978. However, in appeal, the judgment and decree dated 13.11.1978 was set aside and the case was remanded to the learned trial Court with the direction to implead Punjab Wakf Board as a defendant. Punjab Wakf Board was impleaded as a defendant in view of the pleadings of the other defendants that they are lessees of the Punjab Wakf Board. The learned trial Court framed additional issue No. 6-A to the effect whether the suit property was the ownership of the Wakf Board. The trial Court decreed the suit deciding issues No. 1, 6 and 6-A in favour of the plaintiffs. However, in appeal, the appellate Court reversed the judgment and decree passed by the trial Court.

(3.) LEARNED counsel for the plaintiff-appellants has relied upon the decision in the case of Punjab Wakf Board v. Kartar Singh, 1987 P.L.J. 95 to contend that the notification declaring the property as vesting in the Wakf Board is not conclusive regarding the rights of third person. For returning such findings, reliance was placed on the decision of the Supreme Court in the case of Board of Muslim Wakf, Rajasthan v. Radha Kishan and others, AIR 1979 SC 289 and earlier judgment of this Court reported as Punjab Wakf Board v. Commissioner, Patiala Division and others, 1973 Revenue Law Reporter 467.