HARDAVINDER SINGH AND OTHERS Vs. PUNJAB WAKF BOARD

JUDGEMENT

(1.) The appellants herein seek to challenge the judgment and decree of the Civil Judge, Yamuna Nagar, whereby the suit for possession filed by the respondent-Punjab Wakf Board was decreed and appeal filed against the judgment and decree of the trial court was affirmed in appeal.

(2.) In brief, the facts are that a civil suit was instituted by the Punjab Wakf Board, respondent herein seeking possession of the agricultural land measuring 4 kanal 1 marla comprising Khewat No. 28 Khatauni No. 48 min Khasra No. 23//1 Min (3-0) Khatauni No. 49 min, Khasra No. 23//2 (1-1) situated at village Nahar Taharpur, H.B. No. 211, Tehsil Chachharauli, District Yamuna Nagar, as per jamabandi for the year 1994-95. It was averred in the plaint that 4 kanal land was allotted to Gurdial Singh, appellant herein on lease for the year 1992-93 @ Rs.400/- per annum and in the year 1993-1994 at the rate of Rs.720/- per annum. However, the residents of the village made representation that this land is a part of the grave yard and the lease was cancelled as per order dated 17.2.1999. Thereafter, since the appellants/defendants did not vacate the land and were in illegal possession of the same, a civil suit was filed seeking their eviction, possession as well as for mesne profit.

(3.) On notice, the appellants/defendants appeared and filed a written statement taking preliminary objections of maintainability; estoppel, concealment of facts, mis-joinder and non-joinder of necessary parties. From the pleadings of the parties, the following issues were framed on 7.10.2003:-