PUNJAB WAKF BOARD Vs. GRAM PANCHAYAT, MANGALI AKLAN

JUDGEMENT

(1.) THE present Regular Second Appeal has been filed by the Punjab Wakf Board impugning the judgment and decree of the Additional District Judge, Hisar, dated 2.1.1984, whereby the judgment of the Sub Judge, Ist Class, Hisar, dated 2.2.1983 was set aside and the appeal accepted.

(2.) A brief narrative of the facts of the case would be appropriate.

(3.) THE appellant-Wakf Board put in appearance and admitted the contents of the plaint. The Gram Panchayat contested the suit on the plea that the land in dispute did not vest in the Punjab Wakf Board as it was owned and possessed by the Gram Panchayat. It was also averred in the written statement that the present suit was barred by the provisions of Order 2 Rule 2 of the Code of Civil Procedure (hereinafter referred to as 'the Code'), as the earlier suit, filed by the plaintiff, had been dismissed in default.