BHAGWAN SINGH Vs. PUNJAB WAKF BOARD

JUDGEMENT

(1.) (Oral) The petitioner is aggrieved of the order under challenge, whereby, he has been evicted from the demised premises leased out to him by virtue of lease deed dated 08.01.1985 executed between him and Wakf Board.

(2.) Mr. Rahul Sharma, learned counsel appearing on behalf of the petitioner submits that by virtue of aforementioned lease deed, the petitioner was put in possession of the agricultural land. The Wakf Board initiated the proceedings of ejectment under the provisions of the Punjab Tenancy Act, 1887 (hereinafter referred to as "1887 Act"). The said proceedings were decided on 03.11.2005. Against the aforementioned order, the respondent- Wakf Board filed an appeal before the Additional Deputy Commissioner-cum-Collector which, vide order dated 15.05.2006 was dismissed, relegating the party to file its claim before the competent Court as per the provisions of Wakf Act, 1995. The Wakf Board instituted the suit under the aforementioned provisions but realising the fact that since the title of the property is in dispute, therefore the jurisdiction could not have been invoked and transferred the matter to the Civil Court. The Civil Court erroneously entertained the aforementioned petition as it was an eviction petition under the East Punjab Urban Rent Restriction Act, 1949.

(3.) He further submits that the petitioner is entitled to the protection of tenancy of holding over, in view of the provisions of Sec. 116 of the Transfer of Property Act and also as per the ratio decidendi culled out in paragraph 18 by the Honourable Supreme Court in Shyam Lal Vs. Deepa Dass Chela Ram Chela Garib Dass, 2016(3) RCR (Civil) 812.