PUNJAB WAKF BOARD Vs. SANTOKH SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against judgment and decree dated 01.08.1987 passed by the Court of learned Additional District Judge, Faridkot whereby appeal filed against the judgment and decree dated 16.07.1985 passed by the learned Senior Sub Judge, 1st Class, Faridkot was dismissed. For convenience sake, hereinafter, reference to parties is being made as per their status in civil suit.

(2.) THE detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that plaintiff i.e. Punjab Wakf Board, Ambala Cantt. filed a suit for possession of the shop of mosque bearing Serial No. 568 comprising 650 square feet area situated in Chowk Patel Main Bazar, Faridkot. As per plaintiff, the disputed shop vests in Punjab Wakf Board and respondent -defendant is in illegal possession. A request was made to the defendant to restore the possession but to no effect. The suit was filed through the Aukaf Officer of the Board.

(3.) LEARNED trial Court settled the following issues and the parties were put to trial: