PUNJAB WAKF BOARD Vs. RAM DITTTA

JUDGEMENT

(1.) The Punjab Wakf Board is in second appeal before this Court.

(2.) Brief facts are that plaintiff-appellant Punjab Wakf Board instituted a suit for possession by way of ejectment against respondent-defendant Ramditta Mal (since deceased and now represented through his legal heirs) from the suit property and for recovery of '8/- as arrears of rent. Case of Punjab Wakf Board was that being a statutory body, it was the owner of house No.736/5 situated at Mohalla Kumharan, Jind and the same was of Punjab Wakf Board property duly notified in the Central Government Gazette of India. It was pleaded that the suit property was allotted on rent to the defendant at a monthly rent of '2/- on 1.1.1959. The defendant was in arrears of rent to the tune of '8/- upto July 1985. Plaintiff-Punjab Wakf Board had terminated the tenancy by serving a notice under Section 106 of the Transfer of Property Act (for short 'the Act'). Defendant had contested the suit by filing written statement taking a stand that the suit property was not Wakf property and that he was not in possession of the same on payment of rent and as such, there was no question of the tenancy ever being terminated.

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