LAWS(P&H)-2013-8-416

SURINDER KUMAR Vs. PUNJAB WAKF BOARD

Decided On August 02, 2013
SURINDER KUMAR Appellant
V/S
PUNJAB WAKF BOARD Respondents

JUDGEMENT

(1.) THIS appeal has been filed against an order dated 19.7.2013, passed by the learned Single Judge, dismissing CWP No. 19275 of 2011 filed by the appellant. In that writ petition, the appellant had laid challenge to an order passed by the Tribunal, constituted under the Wakf Act, 1995, ordering ejectment of the appellant from the piece of land measuring 300 square yards. Vide that judgment it was found, as a matter of fact, there is nothing contrary on record, that property in dispute was a Wakf property. It was given on licence to the appellant in the year 1987. Thereafter, licence period was not extended. The appellant did not pay any rent to the Wakf Board to retain possession of the said property. Taking note of above said facts, the Tribunal ordered ejectment of the appellant from the land in dispute. Appellant filed above said writ petition on technical ground stating that for ejectment of unauthorized occupant like the appellant, the Tribunal has no jurisdiction. Above said point was noticed by the learned Single Judge and negatived by observing as under: -

(2.) IT is also on record that after taking land on licence from the respondent Wakf Board, the appellant made an attempt to claim ownership on the basis of adverse possession, which he failed to prove.

(3.) NO ground is made to interfere. The appeal stands dismissed.