DALWINDER SINGH Vs. PUNJAB WAKF BOARD

JUDGEMENT

(1.) Defendant Dalwinder Singh has filed this revision petition under Article 227 of the Constitution of India read with section 83(9) of the Wakf Act, 1995 (in short, the Act) assailing judgment and decree dated 4.1.2007 passed by Wakf Tribunal, Amritsar thereby decreeing suit filed by respondent-plaintiff Punjab Wakf Board for possession of 59 sq. yards land in suit.

(2.) The plaintiff alleged that it is owner of the suit land which is attached to Mosque. Present defendant had filed a suit in the year 1994 against the present plaintiff and one Gurbachan Singh for permanent injunction. The said suit was decreed vide judgment dated 18.7.2000 restraining the defendants of that suit from interfering in possession of the plaintiff of that suit over suit land measuring 59 sq. yards (also present suit land) except in due course of law. In the present case, the plaintiff has alleged that the petitioner (defendant) is in un-authorized and illegal possession of the suit property. Accordingly, the plaintiff claimed possession of the suit property.

(3.) The defendant resisted the suit and controverted plaint averments. It was denied that the plaintiff is owner of the suit property or that the suit property is attached to any Mosque. The defendant alleged that the suit property is used as passage to Gurudwara Premi Jatha and for parking of vehicles of the devotees of the Gurudwara which also holds chhabeel in it at the time of religious meetings. The defendant is Granthi of the said Gurudwara. Various other pleas were also raised.