JARNAIL SIGH Vs. PUNJAB WAKF BOARD

JUDGEMENT

(1.) DEFENDANT Jarnail Singh has filed this revision petition under Article 227 of the Constitution of India assailing judgment and decree dated 16.02.2005 (Annexure P -5) passed by learned Additional District Judge, Amritsar as Wakf Tribunal, thereby decreeing the suit filed by respondent -plaintiff -Punjab Wakf Board (in short -the Board), for possession of the suit land measuring 40 kanals. Case of the plaintiff -respondent is that it is owner of the suit land and it was leased out to defendant -petitioner for one year ending on 30.06.1992. The lease was not renewed, and therefore, possession of the defendant was unauthorized over the suit land.

(2.) THE defendant contested the suit and denied the ownership of the plaintiff over the suit land. It was alleged that by misrepresentation, the plaintiff made the defendant to pay lease money of the suit land to the plaintiff since the year 1977 till the year 1992 erroneously. The defendant was already in possession of the suit land since consolidation of holdings. Various preliminary objections were also raised.

(3.) I have heard counsel for the parties and perused the case file including file of Wakf Tribunal, with their assistance.