PUNJAB WAKF BOARD Vs. YOGESH KUMAR AND OTHERS

JUDGEMENT

(1.) This petition is directed against the order of the Wakf Tribunal dated 10.04.2014 dismissing the suit of the petitioner for declaration that it is the owner of the property in dispute and the sale deed executed by defendants No.1 & 2 in favour of defendant No.3 on 01.09.1999 in respect of portion shown as 'MNGH' in green line in the site plan, is illegal, null and void; the sale deed dated 06.10.2000 executed by defendant No.3 in favour of defendant No.4 is also illegal; and also claimed decree for possession of the property of mosque bearing No.EP-No.S-2269-2270 and MC No.2023/1; sought permanent injunction to restrain the defendants from raising any type of construction in the property in dispute for changing its nature in any manner whatsoever; and also from restraining the defendants to alienate any part or parcel of the suit property by way of sale, transfer, gift, exchange, mortgage or by any other mode or creating any other charge in the said property.

(2.) In brief, the petitioner has alleged ownership over the property in dispute on the basis of a notification but its ownership is denied by the defendants. On the pleadings of the parties, as many as 8 issues were framed besides the additional issue No.8A, which was framed on 10.10.2006. The learned Tribunal, while dismissing the suit of the petitioner, made the following observations:-

(3.) Learned counsel for the petitioner has argued that once the notification has been issued, the petitioner has become the owner of the property in dispute, which could not have been possessed and sold by the defendants, who have no right, title or interest in the same.