HARPAL SINGH Vs. PUNJAB WAKF BOARD

JUDGEMENT

(1.) The petitioner, by way of the present petition, impugns the judgment and decree, dated 13.4.2006, passed by the learned Wakf Tribunal, Amritsar, whereby a suit for possession, filed by the respondent-Wakf Board, has been decreed.

(2.) The Punjab Wakf Board filed a suit for possession asserting that the petitioner was an authorized occupant. Bahadur Singh, father of the petitioner, was a lessee. After his demise, the petitioner applied to the Wakf Board for transfer of lease in his name and filed an affidavit in respect thereof. The lease, in favour of the petitioner, was approved by the head office. However, the petitioner did not deposit the lease amount and despite repeated requests by the respondent-Board, calling upon the petitioner to pay the lease money, failed to do so.

(3.) The petitioner contested the suit by asserting that jurisdiction of the Wakf Tribunal to entertain the suit was barred. The suit was not maintainable in the present form etc. On merits, it was submitted that the petitioner's late father Bahadur Singh was a tenant over the land in dispute and upon his demise, tenancy rights had devolved upon the petitioner as his son, Nand Kaur as his widow and Veero, as his daughter. As regards the execution of a fresh lease deed, execution thereof was denied.