HARYANA WAKF BOARD Vs. ASHA RANI AND ANOTHER

JUDGEMENT

(1.) Petitioner has filed this revision petition under Article 227 of Constitution of India read with Section 83 (9) of Wakf Act, 1995 for setting aside the judgment and decree dated 28.02.2011 passed by Additional District Judge, Sonepat (hereinafter referred to as Wakf Tribunal), Whereby suit of the petitioner-Board for possession and mesne profit was dismissed by the Wakf Tribunal (For short 'Tribunal').

(2.) Petitioner-Board filed a suit for possession and mesne profit against the respondents in respect of khasra No.39 situated in the revenue estate of village Jamalpur Khurd, District Sonepat. Petitioner claimed ownership of the property and asserted that the respondents had taken illegal possession of the plot measuring 121.70 sq. yards comprised in khasra No.39 for the last three years. It was also pleaded that the plot was in unauthorized possession of the respondents. With this background, suit came to be filed.

(3.) Suit was contested by the respondents. Ownership of the petitioner-Board was denied. It was asserted by the respondents that one Ishwar Singh son of Shiv Lal sold the property to respondent No.2 for a sale consideration of Rs.95/-. Since then, respondent No.2 has been continuing in possession on the plot. Family has been residing in the suit land. Electric connection was got installed by respondent No.2 and necessary documentation in terms of ration card etc. was also done on the address of the suit property. The claim of the petitioner-Board was denied altogether. Tribunal dismissed the suit vide judgment and decree dated 28.02.2011. That is, how, the present revision petition came to be filed.