PUNJAB WAKF BOARD Vs. KARTAR SINGH

JUDGEMENT

(1.) This regular Second Appeal is directed against the judgment and decree dated 3.9.1977 passed by the learned Senior Sub-Judge, Faridkot, with enhanced appellate powers, by which the judgment and decree dated 28.7.1976 of the learned Sub-Judge Ist Class Muktsar, were set aside and the suit of the Punjab Wakf Board, plaintiff-appellant, was dismissed.

(2.) The appellant filed a suit for possession of a plot of land measuring 45' x 25' bearing Municipal No. 1960-B1/762/1300 situated at Tibi Sahib Road, Muktsar, which was alleged to be a Wakf property belonging to a mosque and it was claimed that it vested in the appellant. The defendant-respondent has been in its illegal possession for 6/7 years before the institution of the suit.

(3.) The suit was contested by the respondent who besides taking certain technical objections to the effect that the suit was barred by limitation and that it was not properly valued for the purposes of court fee and jurisdiction and further that the Field Inspector through whom the appellant had filed the suit was not duly authorised to file it, it was contended on merits that the property in dispute was not Wakf property and the respondent was in its adverse possession.