PUNJAB WAKF BOARD Vs. BRIJ LAL AND OTHERS

JUDGEMENT

(1.) Plaintiff Punjab Wakf Board has filed this revision petition under Article 227 of the Constitution of India read with Section 83(9) of the Wakf Act, 1995, impugning judgment and decree dated 28.01.2006, passed by Wakf Tribunal (Additional District Judge), Bathinda, thereby dismissing the suit filed by the plaintiff -petitioner against respondents -defendants for possession of the suit property. Case of the plaintiff -petitioner is that the land of Khasra No. 2468/2 (96 bighas 16 biswas) is Wakf property vesting in the petitioner -Board. One Mohd. Sadiq was in unauthorized possession of part of the said land. Defendant no. 1 -Brij Lal, claiming himself to be President of self -styled Committee, took possession of the said land forcibly from Mohd. Sadiq and constructed ten shops therein. Defendant no. 1 has let out the shops to defendants no. 2 to 9. The said shops are in land of Khasra No. 2468/2. Defendants are in unauthorized possession thereof. Accordingly, plaintiff sought possession of the suit property.

(2.) Only defendant no. 1 contested the suit, whereas other defendants were proceeded against ex -parte. Defendant no. 1 contended that Committee Maqbara Meeran Sahib Peer Khana (the Committee) is a registered body and is in actual control of the suit property. The suit is bad for non -joinder of the said Committee, which is necessary party. It was pleaded that suit property, which is in possession of the Committee, is not part of Khasra No. 2468. It was denied that defendants are in unauthorized possession of the suit property. Various other pleas were also raised.

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