LAWS(P&H)-2014-2-527

RAM SARUP Vs. PUNJAB WAKF BOARD

Decided On February 06, 2014
RAM SARUP Appellant
V/S
PUNJAB WAKF BOARD Respondents

JUDGEMENT

(1.) THE instant suit was filed by Punjab Wakf Board -Plaintiff No.1 (hereinafter referred to as the 'Board') along with plaintiff Nos.2 and 3, namely, Sarwar and Peer Mohammed for possession in respect of the property in dispute claiming that the same is Wakf property being a graveyard used by the Mohammadans of Ganaur from times immemorial. It was claimed that the suit land is a Wakf property by dedication, user and reputation. It was further pleaded that the defendant illegally took in his possession land measuring 6 Kanals 10 Marlas and refused to vacate the same.

(2.) IN his written statement, the defendant pleaded that the suit land does not belong to the Board. It was further pleaded that the suit property has never been used as a graveyard. He stated that the suit land is in his possession for the last 50 years and he is in constructive possession of the same.

(3.) ON the basis of the pleadings of the parties, the following issues were framed by the trial Court: