PUNJAB WAKF BOARD Vs. KAUSHAL KISHORE AND ORS.

JUDGEMENT

(1.) The present appeal has been filed by the Punjab Wakf Board (hereinafter referred to as "the Board") against the judgment & decree dated 25.9.1982 whereby the suit for possession and permanent injunction of respondent No.1/plaintiff-Kaushal Kishore was dismissed by the Court of Sub Judge IInd Class, Rewari. The Additional District Judge, Narnaul vide judgment dated 5.12.1987, has also upheld the order of the lower Court, which is also a subject matter of challenge. Learned counsel for the appellant has vehemently submitted that in view of the findings recorded pertaining to the ownership of the land in dispute, the Board is adversely affected as it has been held under issue No.1 that the land in question, which measures 1 bigha & 10 biswas falling in khasra No. 274, is not under the ownership of the appellant-Board and therefore, it is aggrieved against the said finding so recorded, and an opportunity should be given to the Board to project its case.

(2.) Thus, the solitary question, which arises for consideration, is whether the trial Court was justified in proceeding against the appellant/defendant No.2 ex parte vide order dated 2.11.1979 and whether it was further justified in dismissing its application for setting aside the same on 21.9.1982.

(3.) A perusal of the facts would go on to show that the suit for permanent injunction was filed by plaintiff-Kaushal Kishore (respondent No.1 herein) on 9.10.1979. It is alleged that the tenancy had commenced from 1.4.1970 at the rate of Rs. 14/- per month in favour of the plaintiff. In the suit, the Board did not appear and was proceeded against ex parte on 2.11.1979 and the suit was contested inter se the plaintiff and defendant No.1 therein. It is interesting to note that the plaintiff had also examined PW.2 Shamshudeen, Rent Controller, Rewari who produced the record of the appellant-Board and on perusal of the record and in view of the notification etc., finding was recorded that the suit land was not wakf property as there was nothing on the file that there is permanent dedication by any person professing Islam to the suit property for religious or charitable purposes.