PUNJAB WAKF BOARD Vs. DILBAGH SINGH

JUDGEMENT

(1.) THE plaintiff is in second appeal aggrieved against the judgment and decree passed by the Courts below arising out of suit for permanent injunction for restraining the defendants from forcible dispossession.

(2.) THE plaintiff filed the present suit alleging therein that the plaintiff is in possession and cultivation of land measuring 68 kanals 12 marlas. The land is of kangah which vests in and is under the superintendence and management of plaintiff No. 1 who leased out land in suit to Atma Ram who is in actual cultivating possession of the land. The defendants have alleged that the land in dispute has been allotted to them by Rehabilitation Authorities which allotment was said to be illegal, invalid, unauthorised and not binding upon the plaintiff. One of the issues framed was 'whether the Civil court has jurisdiction to entrain the suit ?'

(3.) LEARNED counsel has relied upon the judgment reported as Bachan Chand v. Punjab Wakf Board, 1984 PLJ 142 to contend that the Wakf Board is competent (to) file civil suit.