PUNJAB WAKF BOARD Vs. VIRSA SINGH AND OTHERS

JUDGEMENT

(1.) THE decree for ejectment was sought by the Wakf Board against the legal representatives of the tenant. The contention was that the possession of the legal representatives has become unauthorized since the contract of tenancy had expired and no form of new tenancy was created by the legal representatives. The defendants' contention was that they were entitled to the statutory status as tenants and resisted the case. The petition was dismissed. An adjudication on merits becomes meaningless in view of the judgment of the Supreme Court in Ramesh Gobindram (dead) through LRs. Versus Sugra Humayun Mirza Wakf - : (2010) 8 SCC 726 interpreting Section 6 -A of the Wakf Act. It is now authoritatively held that unless the character of possession as wakf is itself in challenge and there is required an adjudication, the Tribunal does not have jurisdiction. The character of property in this case as belonging to the Wakf Board is not in dispute. There can be no continuation of proceedings for ejectment before the Tribunal. The Wakf Board will have a right to prosecute the case in any other legally competent form. The civil revision is disposed of with the observations that the initiation of proceeding before the Wakf Tribunal was not competent.