LAWS(P&H)-1988-9-101

THE GRAM PANCHAYAT VILLAGE KARIHA, TEHSIL NAWANSHAHAR, DISTRICT JALANDHAR Vs. THE COMMISSIONER, JALANDHAR DIVISION, JALANDHAR AND OTHERS

Decided On September 16, 1988
The Gram Panchayat Village Kariha, Tehsil Nawanshahar, District Jalandhar Appellant
V/S
The Commissioner, Jalandhar Division, Jalandhar And Others Respondents

JUDGEMENT

(1.) A petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 for short the 'Act'), was filed by the Appellant against the Respondent's predecessor -in -interest on the ground that the latter was in illegal possession of disputed land and liable to be evicted.

(2.) THE Respondent in his reply to the petition pleaded that the disputed land belonged to the Punjab Wakf Board and he was in possession as a tenant under the former

(3.) THE son of the occupant of the land filed a Civil Writ Petition in this Court challenging the order of the Commissioner. The learned Single Judge took the view that the property in dispute is the Wakf property; the assumption of jurisdiction by the authorities under the Act was totally beyond their power. Resultantly , the order of the Commissioner was set aside.