PUNJAB WAKF BOARD Vs. KAMAL KUMAR

JUDGEMENT

(1.) The Punjab Wakf Board has filed the present revision petition challenging the orders dated 16.08.2011 (Annexure P-2) passed by the Wakf Tribunal, Amritsar, as also the order passed by the Civil Judge (Junior Division), Amritsar dated 19.10.2012 (Annexure P-1).

(2.) The Punjab Wakf Board filed a suit for possession of the Wakf property measuring 89 square yards comprised in Khasra No.880 min. The suit was filed before the Wakf Tribunal. It was claimed in the suit that the Punjab Wakf Board is the owner of the Wakf property and the property is part of Khasra No.880. It was further claimed that the defendant is in illegal and unauthorised possession of the suit property and his capacity over the same is merely that of trespasser. It was further claimed that plaintiff is not only entitled to the possession but also entitled to decree for recovery of mesne profits for unauthorised and illegal use and occupation of the property.

(3.) In the written statement, defendant took a stand that in fact he is not in possession of the land comprised in Khasra No.880 min rather he is in possession of the land comprised in Khasra No.881/2. The defendant further claimed that house has been constructed over the land comprised in Khasra No.881/2 and defendant is residing in the aforesaid house along with his family members.