PUNJAB WAKFBOARD Vs. GRAM PANCHAYAT KALSAN

JUDGEMENT

(1.) Dismissal of the suit of the plaintiff for seeking mandatory injunction against the defendants to demolish and remove the super structure and construction raised by them forcibly in the property of the petitioner Wakf Board and for handing over the vacant possession of the property in suit by Additional District Judge-cum-Tribunal, Hoshiarpur under the The Wakf Act, 1995, is under challenge in this revision petition.

(2.) It is claimed that even though its ownership of the land in litigation had been proved by the petitioner Wakf Board, the Tribunal took the entire matter casually. It is also claimed that pleading of the contesting respondents No.3 to 5 that the suit property was in possession of village Gurdwara managed by a managing committee and not by Gram Panchayat, were taken as substantiated without any supportive evidence.

(3.) Counsel for the contesting respondents on the other hand has urged that the property in dispute is in established possession of the village Gurdwara for the last more than 50 years and there is no right, title or interest of the Gram Panchayat or of the Wakf Board therein. Asserting validity and legality of the impugned judgment and decree of 25.3.2010, dismissal of the petition has been sought.