PUNJAB WAKF BOARD Vs. SATISH GUPTA

JUDGEMENT

(1.) The present revision petition has been filed challenging the order dtd. 1/9/2017 passed by the Tribunal (constituted under Sec. 83 of the Wakf Act, 1995), Kapurthala.

(2.) The plaintiff-respondents filed a suit for permanent injunction and mandatory injunction for restraining the defendant-petitioner from interfering in the peaceful possession of the plaintiff-respondents over the premises measuring 291.11 sq. yards as fully described in the plaint. It was averred in the plaint that the plaintiff-respondents were inducted as lessee in the suit property by executing a lease deed dtd. 23/4/2011. It was further averred that the plaintiff-respondents were inducted @ Rs.1600.00 per month and since 1/10/2010 they are in continuous possession of the suit property. It was the stand taken that the plaintiff-respondents have been regularly paying the lease money to the defendant-petitioner but the defendantpetitioner has not accepted the lease money after 31/3/2014. It was averred that though there is a specific bar created vide the Wakf (Amendment) Act, 2013 for leasing out the property without the permission of the Board, however, proviso to Sec. 51 of the Wakf Act carves out an exception, which reads as under :

(3.) The suit was contested by the defendant-petitioner on the ground that after the amendment of the Wakf Act, 1995 vide the Wakf (Amendment) Act, 2013, the lease deeds have to be executed strictly as per the provisions of the amended Act and the Rules thereunder and as per Rule 18(1), no lease agreement shall contain a clause providing for automatic renewal. The relationship of landlord and tenant was admitted. It was further pleaded that after the expiry of the lease the status of the plaintiffrespondents is that of an encroacher. Replication was filed reiterating the averments made in the plaint and controverting those made in the written statement.