BHAJAN SINGH Vs. PUNJAB WAKF BOARD

JUDGEMENT

(1.) Arguments were heard. Judgment was reserved. The judgment is being released.

(2.) The defendants-appellants are in the Regular Second Appeal against the judgment passed by the learned First Appellate Court granting a decree for possession in favour of Punjab Waqf Board while reversing the judgment and decree passed by the trial Court. There is no dispute that the property in dispute is owned by Punjab Waqf Board. Although, the plaintiff-Punjab Waqf Board had claimed that the defendants had taken unauthorized possession and, therefore, they are encroachers, however, both the Courts have found that the defendants were inducted into possession as a lessee. However, their lease has not been renewed. The First Appellate Court has further found that as per the Notification issued by the Government of Punjab dtd. 19/5/1979, the provisions of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter to be referred as "the Act of 1949") are not applicable to the tenants under the Punjab Waqf Board. This aspect is also not being disputed by the learned Senior counsel who has appeared for the appellants. In other words, the lessee under the Punjab Waqf Board have no protection under Act of 1949.

(3.) Learned Senior Counsel appearing on behalf of the appellants has submitted that the plaintiff having come to the Court with factually incorrect assertions, therefore, suit should have been dismissed outrightly. He has relied upon a judgment passed by Hon'ble the Supreme Court in the case of S.P. Chengalvaraya Naidu (Dead) by LRs Vs. Jagannath (Dead) by LRs and others, (1994) 1 SCC 1. He has further submitted that once the tenant has been permitted to raise permanent construction over the land leased, therefore, the lease has become perpetual and no suit for possession was maintainable. He has further submitted that before filing the suit, no notice has been issued terminating the lease and, therefore, the suit is not maintainable. In this regard, he has referred to the provisions of Ss. 105, 106, 116 of the Transfer of Property Act, 1882.