KEDAR NATH Vs. SAMRA

JUDGEMENT

(1.) THIS appeal has been filed against concurrent judgments of the Courts below dismissing the suit of the plaintiff for permanent injunction restraining defendants No. 1 to 6 from interfering in his possession over the land in dispute on the ground that he was a lessee of the Punjab Wakf Board.

(2.) IT may be mentioned that the dispute was raised by the respondents on the ground that the land in dispute was a part of a Muslim graveyard since time immemorial and that neither the appellant was an existing lessee nor in fact could the Wakf Board-respondent No. 7 grant any lease of this property to the appellant. Both the Courts have dismissed the suit on the preliminary finding that the appellant was not able to prove himself to be an existing lessee and that he did not prove himself to be in possession of the land in dispute.

(3.) HOWEVER , there is another disquieting feature which has emerged in this case; and that is the very act of respondent No. 7-Wakf Board in claiming a right to lease out this property either to the appellant or to some other person. In my opinion, this is a complete perversion of the Act. In this connection, Section 32 of the Wakf Act, 1995 (for short as "the Act") is relevant and reads thus :