PUNJAB WAKF BOARD Vs. CHHAILU

JUDGEMENT

(1.) These three appeals, namely, R.S.A. Nos. 351 of 1978, 1091 and 1092 of 1977 involve common question of law and facts, so far as the material facts are concerned and, therefore, a common judgment is proposed.

(2.) The suit was filed by the appellant, Punjab Wakf Board, claiming the possession of the property on the ground that the property in dispute was a Kabrastan and vested in the plaintiff Wakf Board. The Wakf Board produced Jamabandis Exhibits P. 7 to P. 9 showing the area in dispute as Ghair Mumkin Kabrasthan.

(3.) A Single Bench judgment of this Court in Panchayat Deh through Sarpanch and Gram Sabha, Garhi Brahman v. Punjab Wakf Board, Ambala, 1969 AIR(P&H) 344, held that the entry in the Jamabandi of the kind would be of no help if the user of the land in dispute as Kabrastan had not been established. Regarding the user it was held by both the Courts below that the Wakf Board had failed to prove the user of the land as Kabrastan after the year 1947. Following the ratio of the aforesaid judgment the trial Court dismissed the suit. The appeal filed by the plaintiff also failed.